IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 25069 of 2007(H) -------------------------------------- PETITIONER(S): ------------------------ 1. JULPHAR BUILDERS AND DEVELOPERS PVT.LTD. 33/240, 2D, THIRUNILATHU BUILDING,GEETHANJALI JN., N.H.47, BYEPASS ROAD, KOCHI-32, REPRESENTED BY ITS RESIDENT DIRECTOR, SRI.OOMMEN VARGHESE. 2. THRIKKAKARA ENGINEERING INDUSTRIES PVT. LTD., 1/101, EDAPPALLY, KOCHI-24, REPRESENTED BY ITS MANAGING DIRECTOR, RADHA VIJAYAN. BY ADVs. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENT(S): ------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, LOCAL ADMINISTRATION (M) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THRIKKAKARA. 3. CHIEF TOWN PLANNING OFFICER, THIRUVANANTHAPURAM. R1 & R3 BY GOVERNMENT PLEADER SRI.K.RAMESH R2 BY ADV. SRI.S.SHANAVAS KHAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25069/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEVELOPMENT AGREEMENT ENTERED INTO BETWEEN THE PETITIONERS AND THRIKKAKARA ENGINEERING INDUSTRIES DT. 4.11.2006. P1(a):- COPY OF THE POWER OF ATTORNEY OF 2ND PETITIONER IN FAVOUR OF OOMEN VARGHESE DTD. 5.1.2007. P2:- COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT DTD. 3.11.2006. P2(a):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD. NIL. P2(b):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD. NIL. P2(c):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD NIL. P2(d):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD NIL. P2(e):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD. NIL. P2(f):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD. NIL. P2(g):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD. NIL. P2(h):- COPY OF THE APPROVED PLAN OF THE IST PETITIONER DTD. NIL. P3:- COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT DTD. 6.11.2006. P4:- COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT DT.D 8.1.2007. P5:- COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT DTD. 1.8.2006. P6:- COPY OF THE CIRCULAR ISSUED BY THE IST RESPONDENT DTD. 20.6.2007. P6(a):- COPY OF THE CIRCULAR ISSUED BY THE IST RESPONDENT DT.D 3.7.2007. P7:- COPY OF THE NEWS REPORT APPEARED IN MATHRUBHOOMY DAILY DTD. 3.8.2007. P8:- COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC. 3367/2007. DTD. 6.2.2007. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 25069 OF 2007 -------------------------------------------- Dated this the 20th day of June, 2011 JUDGMENT The issue involved in this Writ Petition is squarely covered against the petitioners by a Division Bench decision of this Court in Mather Projects (P) Ltd. v. Government of Kerala reported in 2009 (4) KLT 986. The learned counsel for the petitioners has fairly conceded the said position. In view of the said position, this Writ Petition is liable to be dismissed in the light of the aforesaid decision reported in 2009 (4) KLT 986 (supra). Accordingly, it is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO. 2 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO. 3