IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 WP(C).No. 13256 of 2010(F) -------------------------- PETITIONER(S): --------------- EDATHALA GCDA.K.K.NAGAR, RESIDENTS' WELFARE ASSOCIATION, KUNJATTUKARA, EDATHALA, ALUVA-683561,REPRESENTED BY ITS SECRETARY R.SASIKANTH. BY ADVS. SRI.SHAHUL HAMEED MOOPPAN SRI.T.A.NIYAS RESPONDENT(S): --------------- 1. G.C.D.A.REPRESENTED BY ITS SECRETARY, GANDHI NAGAR, KADAVANTHRA,KOCHI-20 2. SECRETARY,EDATHALA GRAMA PANCHAYATH, EDATHALA, 3. SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. M.K. THANKAPPAN, SC, G.C.D.A. R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13256 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of April, 2010 J U D G M E N T The petitioner is the Edathala GCDA K.K. Nagar Residents' Welfare Association, Edathala. Their grievance is that after allotting plots to the residents keeping certain areas as open area/play ground, now the 1st respondent is taking steps to make constructions in the open area reserved as per the Housing Scheme. Petitioner submits that this is against the housing scheme itself and this court has held that in such housing schemes open areas have to be preserved as such. In the above circumstances the petitioner has filed Ext.P5 petition before the 2nd respondent. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P5 expeditiously. W.P.(C)No.13256 of 2010 -2- 2. In the nature of the order I propose to pass I do not think it necessary to issue notice to the 2nd respondent. 3. I have heard the standing counsel for the 1st respondent and the Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner and the 1st respondent. The 1st respondent shall not make any construction pursuant to Ext.P4 in the meanwhile. S. SIRI JAGAN JUDGE shg/