IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 23522 of 2008(A) -------------------------- PETITIONER(S): --------------- AYSHAMMA ASHRAF, 44 YEARS W/O.P.H.ASHRAF, HOUSE NO.27/28, 11D,VIDYA NAGAR, KADAVANTHRA , KOCHI-682 020. BY ADV. SRI.RAM PRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. GREATER COCHIN DEVELOPMENT AUTHORITY ERNAKULAM, KOCHI-682020, REP. BY ITS SECRETARY 2. DISTRICT COLLECTOR, ERNAKULAM. 3. SECRETARY TO DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. TAHSILDAR, ALUVA 5. VILLAGE OFFICER, ALUVA(WEST), ALUVA. ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA FOR R1 GOVERNMENT PLEADER, SHRI K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23522 of 2008 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE JUDGMENT DATED 16/11/1998 IN O.P.NO.11287/1998 EXT.P2 TRUE COPY OF G.O.(MS)212/01/RD, DATED 17/08/2001 ALONG WITH ITS COVERING LETTER. EXT.P3 TRUE COPY OF LETTER DATED 22/01/2007 ADDRESSED TO THE DISTRICT COLLECTOR AND TAHSILDAR EXT.P4 TRUE COPY OF THE LETTER DATED 22/05/2008 ADDRESSED TO THE DISTRICT COLLECTOR AND TAHSILDAR. EXT.P5 TRUE COPY OF THE CERTIFICATE DATED 08/02/2007 ISSUED BY THE TAHSILDAR, ALUVA. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 22/05/2008 SUBMITTED BY THE PETITIONER BEFORE R1. EXT.P7 TRUE COPY OF THE COMMUNICATION DATED 16/06/2008 RECEIVED BY THE PETITIONER FROM THE TAHSILDAR, ALUVA. FIRST RESPONDENT'S EXTS: EXT.R1(a) TRUE COPY OF THE LETTER NO.21824/ESTATE/A1/84/GCDA DATED 29/03/2003 SENT BY THE GCDA TO THE GOVERNMENT OF KERALA, THIRD RESPONDENT. EXT.R1(b) TRUE COPY OF LETTER DATED 12/11/2003 SENT BY THE GCDA TO THE SECOND RESPONDENT/DISTRICT COLLECTOR EXT.R1(c) TRUE COPY OF THE LETTER/PROCEEDING DATED 28/02/2008 PREFERRED BY THE CHAIRPERSON OF THE GCDA BEFORE THE HON'BLE CHIEF MINISTER OF THE STATE OF KERALA. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23522/2008-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of January, 2010 J U D G M E N T The petitioner has filed this writ petition aggrieved by the delay in getting mutation in her name in respect of 12.850 cents in plot No.68 comprised in Survey Nos.305/I-A and 317/B Aluva West Village. The Greater Cochin Development Authority invited tenders from the members of the public for sale of house plots developed by it on the banks of Periyar river and the petitioner is an allottee of the plot in question. By Ext.P6 representation, the petitioner brought to the notice of the G.C.D.A the necessity for effecting mutation. 2. The learned Standing Counsel for the G.C.D.A brought to my notice a letter dated 09/11/2009 to the effect that as per G.O.(MS).No.260/2009/Revenue dated 07/07/2009, the Government has assigned 1.8942 Hectare of puramboke land in favour of G.C.D.A. The said portion of the land is involved in Thottakkattukara Scheme. The learned Standing Counsel submits that in that view of the matter, the petitioner can approach the Village Officer concerned for getting mutation. The Enhanced Land Cost [E.L.C] may also be directed to be remitted by the petitioner to the G.C.D.A. W.P.(C). No.23522/2008 -:2:- 3. There will be a direction to the fifth respondent to consider the application for mutation and take appropriate action enjoined under law within a period of two months from the date of receipt of a copy of this Judgment. If any further amount is payable by the petitioner towards the enhanced cost of land, the same will also be remitted by the petitioner to the G.C.D.A. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms