IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 RP.No. 487 of 2008(V) --------------------- AGAINST THE JUDGEMENT IN WPC.2933/2008 Dated 28/02/2008 .................... REVIEW PETITIONERS/RESPONDENTS 1& 3 ---------------------------------------------------- 1. THE CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, ERNAKULAM, COCHIN-682 011. 2. THE TOWN PLANNING OFFICER, CORPORATION OF COCHIN, COCHIN-682 011. BY ADV. SRI.S.RAMESH BABU, SC.COCHIN CORPN. RESPONDENTS/PETITIONERS AND REMAINING RESPONDENTS: ----------------------------------------------------------------------------------------- 1. T.BEENA, AGED 47 YEARS, W/O.KANNAN, "MANASAROVAR", K.K.ROAD, KOTTAYAM. 2. V.THIRUVENKITAM,M/S SEEMATTI, M.G.ROAD, ERNAKULAM. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ERNAKULAM. BY ADV.SRI.N.N.SUGUNAPALAN FOR R1, R2 GOVT. PLEADER SRI.C.M.SURESH BABU THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - R.P.No.487 OF 2008 IN W.P.(c).No.5436 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2008 ORDER I have today allowed R.P.No.555/08 and directed the Cochin Corporation to issue building permit to the writ petitioners for carrying out constructions on properties which are outside the revised alignment of the Kochi Metro Rail Project. In this review petition my order dated 28/02/2008 is sought to be reviewed on the ground that the order should not have been passed since by the time the order was passed, a notification under Section 4(1) of the Land Acquisition Act was already promulgated. The above ground in my opinion is strong. The Review Petition will stand allowed and the direction to the Cochin Corporation to issue building permit for construction upon properties falling within the revised alignment of the Kochi Metro Rail Project is hereby recalled. PIUS.C.KURIAKOSE JUDGE sv.