IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 30203 of 2007(U) -------------------------- PETITIONERS: ---------------- 1. PREETHA JOSEPH,D/O V.M.JOSEPH, VELLAPPALLY, UNIVERSITY ROAD, COCHIN-682 022. 2. MANJU MARIA JOSEPH, D/O.V.M.JOSEPH, VELLAPPALLY, UNIVERSITY ROAD, COCHIN-682 022. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. GREATER COCHIN DEVELOPMENT AUTHORITY, ERNAKULAM, KOCHI-682 020 REPRESENTED BY ITS SECRETARY. 4. CORPORATION OF COCHIN, ERNAKULAM, KOCHI- 682 011 REPRESENTED BY ITS SECRETARY. BY GOVT. PLEADER SMT.SUDHA DEVI ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA FOR R3 ADV. SRI.PRAVEEN K. JOY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30203 of 2007(U) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF THE ALLOTMENT LETTER DATED 4.12.1978. EXHIBIT P2: TRUE COPY OF THE LETTER DATED 22-12-1978 SENT TO THE THE 3RD RESPONENT SEEKING DIVERSION OF THE CANAL. EXHIBIT P3: TRUE COPY OF THE REPLY DATED 09-02-1979 SENT BY THE 3RD RESPONDENT. EXHIBIT P4: TRUE COPY OF THE SALE DEED DATED 24-01-1986. EXHIBIT P5: TRUE COPY OF THE BUILDING PERMIT DATED 29-09-1980 EXHIBIT P6: TRUE COPY OF THE LETTER DATED 05-09-2007 SENT BY GCDA TO THE PETITIONERS. EXHIBIT P7: TRUE COPY OF THE LETTER DATED 07-09-2007 SENT BY THE SPECIAL TAHSILDAR TO THE SECRETARY, GCDA. EXHIBIT P8: TRUE COPY OF THE SURVEY DETAILS OF PLOT NO.361 EXHIBIT P9: TRUE COPY OF THE REQUEST DATED 12-9-2007 SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P10: TRUE COPY OF THE REQUEST DATED 25-09-2007 SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P11: TRUE COPY OF THE JUDGMENT DATED 08-08-2006 IN W.P.(C) NO.19180/2006 RESPONDENT'S EXHIBITS EXT.R 3(a): TRUE COPY OF THE LETTER NO.14672/ESTATE/A1/79/GCDA DATED 18-09-06 ISSUED BY THE GCDA TO THE SECRETARY TO GOVT., THIRUVANANTHAPURAM. EXT.R 3(b): TRUE COPY OF THE LETTER NO.218241/ESTATE A1/84/GCDA DATED DTD.6.12.2007 ISSUED BY THE GCDA TO THE CHIEF MINISTER OF KERALA. S. SIRI JAGAN, J -------------------------------------------- W.P.(C) NO.30203 of 2007 -------------------------------------------- Dated this 2nd day of September, 2008. J U D G M E N T In spite of granting several opportunities, the Government Pleader is unable to get instructions from the first respondent. In an exactly identical case, by Ext.P11 judgment, this Court had granted similar reliefs to identically situated persons. In the above circumstances, I am inclined to dispose of this writ petition also in terms of the directions in that judgment. Accordingly the writ petition is disposed of with following direction. The first respondent shall pass appropriate orders in the matter within a period of one month from the date of receipt of copy of this judgment. S. SIRI JAGAN, JUDGE bps