IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 9470 of 2008(B) ------------------------------------- PETITIONERS: -------------------- 1. M.J.JACOB, I.P.S. (RTD), HOUSE NO. HB-20, PANAMPILLY NAGAR, ERNAKULAM, (PRESIDENT, HOUSING BOARD RESIDENTS' ASSOCIATION SECTOR III PANAMPILLY NAGAR (W), COCHIN-36). 2. R.HARIDAS, HOUSE NO. HB-130, PANAMPILLY NAGAR, ERNAKULAM. BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 5. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, ERNAKULAM. W.P.(C). NO.9470/2008-B: *ADDL.R6. GREATER COCHIN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY. *ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 07/04/2008 IN I.A. NO. 4477/2008. **ADDL.R7. A. RAMACHANDRAN NAIR, AGED 62 YEARS, S/O. ACHUTHAN NAIR, ADVOCATE, HOUSE NO. HB 67, PANAMPALLY NAGAR, COCHIN -36. **ADDL.R7. IS IMPLEADED AS PER ORDER DATED 20/06/2008 IN I.A. NO. 7622/2008. GOVT. PLEADER SRI. K.V. MANOJ KUMAR FOR R1 & R2, ADV. SRI. M.K.CHANDRAMOHAN DAS FOR R3, “ “ SRI.A.JAYASANKAR, SC KSHB, TVM FOR R.4, SRI.C.M.SURESH BABU,SC,COCHIN CORPORATION FOR R5 SRI.P.R.RAMACHANDRA MENON, SC,GCDA FOR R6, SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SRI.SURAJ.S SMT.VINEETHA B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9470/2008-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MASTER PLAN OF ELAMKULAM WEST HOUSING SCHEME 1ST STAGE. EXT.P.2: COPY OF THE REPRESENTATION DTD. 02/06/2004 SUBMITTED BY THE P.1. BEFORE THE CHAIRMAN OF THE R.4. EXT.P.3: COPY OF THE RELEVANT PORTION OF NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 29/02/2003. EXT.P.4: COPY OF THE REPRESENTATION DTD. 18/02/2008 SUBMITTED BY PETITIONERS BEFORE THE R.1. EXT.P.5: COPY OF THE REPRESENTATION DTD. 18/02/2008 SUBMITTED BY PETITIONERS BEFORE THE R.2. EXT.P.6: COPY OF THE REPRESENTATION DTD. 18/02/2008 SUBMITTED BY PETITIONERS BEFORE THE R.3. EXT.P.7: COPY OF THE REPRESENTATION DTD. 18/02/2008 SUBMITTED BY PETITIONERS BEFORE THE R.4. EXT.P.8: COPY OF THE REPRESENTATION DTD. 18/02/2008 SUBMITTED BY PETITIONERS BEFORE THE R.5. EXT.P.9: CPIES OF THE POSTAL RECEIPTS ISSUED BY THE POST OFFICE WHILE SENDING EXHIBITS P3 TO P8. RESPONDENTS' ANNEXURE: ANNEX. R4.A: COPY OF THE LETTER DTD. 12/05/1997 ISSUED TO THE P.1. BY THE R.4. ANNEX. R4.B: COPY OF THE PROCEEDINGS OF THE HOUSING BOARD FINALIZING COST FOR STAGE 1, PANAMPILLY NAGAR HOUSING SCHEME. //TRUE COPY// prv. ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 9470 of 2008 -------------------------------------------------------- Dated: JULY 4, 2008 JUDGMENT In this writ petition, though the prayer made is to direct the 4th respondent to use its land facing Thoundayil Road, Panampilly Nagar where its godown was earlier situated, as an open space for children's play ground and not to make any construction in it in view of Ext.P1, learned counsel for the petitioner submits that for the present, the petitioner will be satisfied if the 5th respondent is directed to consider Ext.P8 representation filed by him. 2. Taking into account the submission made as above, the writ petition is disposed of directing that if Ext.P8 has been received and is pending, the 5th respondent shall take note of Ext.P5, consider the same and pass appropriate orders thereon with notice to the persons who are likely to be affected by any such order. This shall be done as expeditiously as possible, and at any rate, within six weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 5th respondent for compliance. ANTONY DOMINIC, JUDGE mt/-