IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 14146 of 2006(H) -------------------------- PETITIONER(S): --------------- 1. K.J. THRESIAMMA, THEKKEL HOUSE, PANAMPILLY NAGAR P.O., KOCHI-36. 2. SONY M. FRANCIS, MANNULLY HOUSE, KADAVANTHRA P.O., KOCHI-20. 3. JINI PAULOSE, PALAKKAPPILLY HOUSE, KADAVANTHRA P.O., ERNAKULAM. BY ADV. SRI.FIROZ K.ROBIN SRI.J.JULIAN XAVIER RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, KANAYANNOOR TALUK OFFICE, KOCHI-11. 3. THE VILLAGE OFFICER, ELAMKULAM. 4. THE SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, KOCHI-20. MR.V.MANU, GOVERNMENT PLEADER SRI.M.K.THANKAPPAN,SC,GCDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Writ Petition No.14146/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE SALE DEED ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 4TH RESPONDENT. P2 : COPY OF THE SALE DEED ENTERED INTO BETWEEN THE VENDOR, NAMELY SMT.MATHU, OF THE 2ND PETITIOENR AND THE 4TH RESPONDENT. P3 : COPY OF SALE DEED ENTERED INTO BETWEEN THE VENDOR OF the 3RD PETITIONER NAMELY THERSIA AND JOSEPH WITH THE 4TH RESPONDENT. P4 : COPY OF SKETCH. P5 : COPY OF REPRESENTATION DATED 30/10/2004 FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. P6 : COPY OF REPRESENTATION DATED 02/08/2005 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P7 : COPY OF REPRESENTATION DATED 13/07/2005 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. P8 : COPY OF REPRESENTATION DATED 09/02/2006 FILED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT. P9 : COPY OF LETTER DATED 06/03/2005 ISSUED BY THE 2ND RESPONDENT TO THE VENDOR OF THE 3RD PETITIONER. P10 : COPY OF LETTER DATED 18/07/2005 ISSUED BY THE 4TH RESPONDENT TO THE REVENUE DIVISIONAL OFFICER. RESPONDENT'S EXHIBITS R4(a) : COPY OF LETTER DATED 11/06/2004 ISSUED BY THE RESPONDENT TO THE DISTRICT COLLECTOR AND SPECIAL TAHASILDAR (R1 & R2) FOR THE ASSIGNMENT OF the 'PURAMBOKE LAND'. R4(b) : --DO-- DATED 20/11/2004. R4(c) : --DO-- DATED 31/03/2006. R4(d) : COPY OF THE LETTER DATED 17/01/2006 ISSUED TO THE GOVT. FOR ACQUISITION OF LAND FOR VARIOUS TOWN PLANNING SCHEMES. R4(e) : --DO-- IN RESPECT OF 18/09/2006. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.14146 of 2006 (H) --------------------------------- Dated, this the 5th day of January, 2010 J U D G M E N T The prayer sought in this writ petition is to declare that the petitioners are entitled to get mutation in respect of the plots of the land purchased by them from the 4th respondent, and to direct the respondents to take immediate steps for effecting mutation of the land purchased by the petitioners. 2. The 1st petitioner owns 3 cents of land, earmarked as plot No.44 of Elamkulam West Extension Scheme and Ext.P1 is the sale deed. In so far as the 2nd petitioner is concerned, Ext.P2 is the sale deed in respect of plot No.45 having an extent of 2.96 cents of land. In so far as the 3rd petitioner is concerned, Ext.P3 is the sale deed concerning plot No.37 having an extent of 4 cents. 3. On the strength of sale deeds, the petitioners applied for getting the mutation effected in their favour. The 2nd respondent replied to the applicants stating that in terms of the Village Records, the land in the possession of the petitioners are Purampoke lands WP(C) No.14146/2006 -2- and that the GCDA had no title, the request cannot be considered. Though the GCDA in turn took up the matter with the Revenue Divisional Officer by Ext.P10, there has not been any progress. As in the meanwhile, the petitioners could not get the property mutated in their favour, the writ petition was filed with the prayers mentioned therein. 4. When the writ petition was taken up for hearing, the learned counsel for the GCDA pointed out that the controversy whether a portion of the land was Purampoke, was discussed with the Government and that finally, the Government have issued order dated 07/07/2009 agreeing to assign certain extent of land to the GCDA on payment of the value agreed between the parties. It is stated that the process in this behalf have already been initiated and will be completed within a period of five months from now. It is stated that it will be open to the petitioners to seek mutation once the aforesaid process is completed. Having regard to the submissions thus made, at this stage, the only option available to the petitioners is to await for the GCDA to take steps in the manner as agreed between the GCDA and the WP(C) No.14146/2006 -3- Government, as mentioned in the Government order dated 07/07/2009. It is stated that the GCDA shall perfect its title in the manner as stated above, as expeditiously as possible, at any rate, within five months from now, and thereafter it will be open to the petitioners to seek mutation of the property in their favour and when such applications are made, the same shall be dealt with by the respondents in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg