IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 15101 of 2009(G) -------------------------------- PETITIONER(S): --------------- 1. M.S.ABDUL SALAM, AGED 42 YEARS, S/O.SHAMSUDEEN, SAFA, GREEN GARDENS, KARSHAKA ROAD, VADUTHALA P.O., COCHIN-682 023. 2. K.M.MOHAMED NAJEEB, AGED 49 YEARS, S/O.K.B.MOHAMED, RAHMATH MANZIL, CHERANELLOOR P.O., COCHIN-682 034. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY RESPONDENT(S): --------------- GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, COCHIN-682 020, REPRESENTED BY ITS SECRETARY. ADV.MR. JIMMY GEORGE - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15101 of 2009 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF RECEIPT NO.0084191 DATED 11.5.2008. EXT.P2; COPY OF ORDER ISSUED BY THE SECRETARY OF THE CORPORATION OF COCHIN. EXT.P3: COPY OF NOTICE DATED 14-7-2008 OF THE RESPONDENT. EXT.P4: COPY OF THE REPLY DATED 21-7-2008 SENT BY 1ST PETITIONER. EXT.P5: COPY OF LETTER ISSUED BY THE RESPONDENT DEMANDING THE AMOUNT OF RS.46,000/- EXT.P6: COPY OF REPLY DATED 27-3-2009 SENT BY THE 1ST PETITIONER. EXT.P7: COPY OF THE LETTER NO.4590/PL2/08/GCDA DTD 29-4-2009. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15101 OF 2009 ---------------------------------------------- Dated this the 30th day of May, 2011 JUDGMENT The petitioners are co-owners of 5.949 cents of land in Elamkulam Village which lies by the side of the Kaloor- Kadavanthara road, belonging to and maintained by the Greater Cochin Development Authority. According to the petitioners, there is a drainage in front of that property along the side of the road, which is in the property belonging to the erstwhile owner, who has neither surrendered the land to the GCDA nor has the GCDA acquired the land through legal process. The petitioners obtained Ext.P2 permission from the Corporation of Cochin for laying concrete slabs over that portion of the drainage in front of their property and paid the fees prescribed, as evidenced by Ext.P1 receipt from the Corporation of Cochin. Now the petitioners have been served with Exts.P3, P5 and P7 notices, by which the GCDA has directed the petitioner to pay an amount of W.P.(C)No.15101/09 2 Rs.46,000/- as fees for laying slabs over the drainage without obtaining prior sanction from the GCDA. The petitioner is challenging Exts.P3, P5 and P7 notices. 2. I have considered the rival contentions in detail. I find it strange that the GCDA, whose responsibility it is to keep the drainage on the sides of the road covered by concrete slabs to avoid accidents, has found fault with the petitioners for doing what they ought to have done, ie., covering the drainage using concrete slabs. Of course, technically, the petitioners may be at fault, which itself in considerable doubt because the petitioners contend that the land does not actually belonging to the GCDA but, belongs to the erstwhile owners who has not surrendered the land to the GCDA nor has the GCDA acquired the land through legal process. Whatever that be, I do not think that the GCDA can penalise the petitioners for performing the GCDA's duty which is to keep the drainage by the side of the road covered by concrete slabs, failing which the pedestrians and vehicles passing through the road may land in trouble by falling into the drainage. Therefore, Exts.P3, W.P.(C)No.15101/09 3 P5 and P7 notices are quashed. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15101/09 4