IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 18270 of 2006(Y) ---------------------------------------- PETITIONER: -------------------- UNNIKRISHNAN, AGED 70 YEARS, KRISHNA NIVAS, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. (EXPIRED) *ADDL.P2 TO P5 ARE IMPLEADED: P2: SMT. A.K. KRISHNAKUMARI, W/O.LATE UNNIKRISHNAN, AGED 62 YRS, KRISHNA NIVAS, MEDICAL COLLEGE JUNCTION, TRIVANDRUM. P3. MRS. NISHA SUDHEER, AGED 43 YRS, W/O.SUDHEER, FLAT NO.4, AYYA DWEEP CO-OPERATIVE SOCIETY, COPPER GHAINA, NAVI MUMBAI. P4. MRS. MAYAKRISHNAN, AGED 42 YEARS, W/O.KRISHNAN, FLAT NO.6, BABHA FOUNDATION-46, AMMIYAPPAN STREET, ROYALPETTA, CHENNAI – 14. P5. SRI. RADHAKRISHNAN, S/O.LATE UNNIKRISHNAN, AGED 38 YEARS, KRISHNA NIVAS, MEDICAL COLLEGE JUNCTION, TRIVANDRUM. (*ADDL.P2 TO P5 ARE IMPLEADED AS PER ORDER DTD. 3/07/07 IN I.A.NO.7877/07) BY ADV. SRI.T.V.GEORGE SMT.LINDA GEORGE Kss ..2/- ....2.... WPC.NO.18270/2006 Y RESPONDENTS: -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO LOCAL SELF GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM. 3. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. CORPORATION OF THIRUVANANTHAPURAM, REP. BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SRI. SHYSON P.MANGUZHA R2 & R4 BY SRI. N. NANDAKUMARA MENON, SC TVM CORPN. R3 BY SRI.K.A.JALEEL, SC., TRIDA SRI.V.S.SUNILKUMAR,(ADV.COMMISSIONER) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18270/2006 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JUDGMENT DTD. 5/01/1994 IN O.P.NO.13077/92 F THIS HON'BLE COURT. EXT.P2: COPY OF REPRESENTATION DTD. 28/06/2000 PREFERRED BY THE PETITIONER BEFORE THE RDO, THIRUVANANTHAPURAM. EXT.P3: COPY OF REPORT DTD. 23/12/02 ISSUED BY THE VILLAGE OFFICER, PATTOM. EXT.P4: COPY OF RECEIPT DTD. 25/01/06 SHOWING PAYMENT OF PROPERTY TAX ISSUED BY THE THIRUVANANTHAPURAM CORPORATION. EXT.P5: COPY OF NOTICE DTD. 20/04/06 ISSUED BY THIRUVANANTHAPURAM CORPORATION. EXT.P6: COPY OF MEDICAL CERTIFICATE DTD. 20/06/06 ISSUED BY DR. CHACKO VARGHESE ATTACHED TO SREE UTHRADOM THIRUNAL HOSPITAL, THIRUVANANTHAPURAM. EXT.P7: COPY OF MEDICAL CERTIFICATE DTD. 2/07/05 ISSUED BY DR. RATHEESAN K. ATTACHED TO REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM. EXT.P8: COPY OF APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P9: COPY OF THE POSTAL SEAL ON ENVELOPE DTD. 10/01/07. EXT.P10: COPY OF THE RECEIPT DTD. 6/01/07 OBTAINED FROM THE INDIA HOSPITAL TRUST, TRIVANDRUM. EXT.P11; COPY OF THE APPOINTMENT CARD SHOWING THE DETAILS OF PETITIONER'S VISIT OF THE HOSPITAL FOR UNDERGOING DIALYSIS, TWICE IN A WEEK. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 18270 OF 2006-Y ----------------------------------------------- DATED THIS THE 15TH JANUARY, 2008 J U D G M E N T Mr.K.A. Jaleel, counsel for the third respondent submits that the property is required for the purposes of the third respondent. Under these circumstances, I dispose of the writ petition permitting the petitioner to move the third respondent voicing his grievances and direct the third respondent to take a decision on the application, if any, will be filed by the petitioner. The petitioner is directed to file the application within two weeks of receiving a copy of this judgment and the third respondent will take a decision on the same after hearing the petitioner at the earliest. Sd/- (PIUS C.KURIAKOSE, JUDGE) ks. TRUE COPY P.S.TO JUDGE WP(C)N0. -2- WP(C)N0. -3-