IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 27509 of 2000(Y) ----------------------- PETITIONER: ------------ 1. ROSILY JOSEPH, KOITHARA HOUSE, DOOR NO.CC.28/858, K.P.VALLON ROAD, KADAVANTHARA DESOM, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT 2. ANNAMMA SIMON, MAMPILLY HOUSE, PONNETH TEMPLE ROAD, KADAVANTHARA DESOM, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: ------------- 1. THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, ERNAKULAM 3. GREATER COCHIN DEVELOPMENT AUTHORITY, SAHODARAN AYYAPPAN ROAD, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 4. JOSEPH DEEPAN, 'MAYURA' APARTMENTS, NEAR ORCHID HOTEL, KADAVANTHARA DESOM, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.S.K.BRAHMANANDAN SRI.G.SREENIVASA PRABHU SRI.S.B.PREMACHANDRA PRABHU SRI.P.R.RAMACHANDRA MENON, SC,GCDA GOVT.PLEADER SMT.N.SUDHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.27509/2000 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ROUGH SKETCH SHOWING PROPERTY AND BUILDING OF THE PETITIONERS AS WELL AS THE 4TH RESPONDENT. EXT.P2. TRUE COPY OF THE ORDER NO.A5/473/98 DATED 10/3/1998 PASSED BY THE 2ND RESPONDENT. EXT.P3. TRUE COPY OF THE JUDGMENT DATED 10/2/1999 IN O.P.NO.3410/99 PASSED BY THIS HON'BLE COURT. EXT/P4. TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P5. TRUE COPY OF THE STATUS QUO ORDER PASSE3D BY THE 1ST RESPONDENT. EXT.P6. TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1116/2000 PASSED BY THIS HON'BLE COURT. EXT.P7. TRUE COPY OF THE G.O.NO.2878/2000/LSGD DATED 17-7-2000 EXT.P8. TRUE COPY OF THE G.O.(RT)2631/97/LAD DATED 31-7-1997 EXT.P9. TRUE COPY OF THE REVISED PLAN APPROVED BY THE CORPORATION OF COCHIN DATED 18-6-1998 FOR THE PERIOD FROM 18-6-1998 TO 17-6-2001. / TRUE COPY / P.A. to JUDGE KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.27509 of 2000 ---------------------------------------------- Dated 4th January, 2008. J U D G M E N T Petitioners approached this court alleging violation of building rules by the 4th respondent. It was rightly found in Ext.P7 appellate order that the exemption was granted in view of the free surrender of the land by the 4th respondent for widening of the road. Therefore, there is no merit in the writ petition. It is dismissed. C.M.P.No.46201/2000 : Dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.27509 of 2000 ---------------------------------------------- J U D G M E N T Dated 4th January, 2008.