IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 6472 of 2008(U) ------------------------- PETITIONER(S): --------------- 1. DR. P.K. VIJAYACHANDRAN, S/O. DAMODARAN, VILLA-18, SKYLINE QUEENS PARK, KEERTHI NAGAR ROAD, EDAPPALLY P.O., COCHIN-24. 2. P.K. RAVEENDRAN, S/O. DAMODARAN, ROSEMOUNT BUNGLAW, VANJIYOOR VILLAGE, THIRUVANANTHAPURAM. 3. P.K. SANTHAKUMARAN, S/O. DAMODARAN, ROSEMOUNT BUNGLAW, VANJIYOOR VILLAGE, THIRUVANANTHAPURAM. 4. DR.P.K.BALACHANDRAN, S/O. DAMODARAN, ROSEMOUNT BUNGLAW, VANJIYOOR VILLAGE, THIRUVANANTHAPURAM, REP. BY THE 3RD PETITIONER, P.K. SANTHA KUMARAN. BY ADV. SRI.ABRAHAM JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, URBAN DEVELOPMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. TRIVANDRUM DEVELOPMENT AUTHORITY, VAZHUTHAKKAD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY. 4. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R3 BY GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. A true copy of the said power of attorney dated 21.9.1976 fled under Article 226 of the Constitution of India Ext.P2. A true copy of the Government order dated 15th September, 1995. Ext.P3. A true copy of the judgment dated 5th July, 2004. Ext.P4. The copy of the petition given by the Ist petitioner to the 3rd respondent on 30th December, 2003. // true copy // P.A to Judge ANTONY DOMINIC,J. ----------------------- W.P.(C).No.6472 OF 2008 ------------------------ Dated this the 30th day of January, 2009. JUDGMENT Ext.P2 is a notification issued on 15.9.1995 by the first respondent, according sanction to the TRIDA for acquisition of 10 acres of land mentioned therein for the establishment of a truck terminal at Mankeezhu junction near Sreevaraham. Petitioners submit that following Ext.P2, the land was freezed. According to them although the Government have not taken any steps in pursuance to the very proposal mentioned in Ext.P2, they are not permitted to develop the land. 2. Learned Counsel for the petitioners refer to me Ext.P3 judgment rendered by a learned single Judge of this court in WP(c).No.15231/04. In that judgment concluding that Ext.P2 notification dated 15.9.95 has lapsed, the learned judge held that the petitioner's right to do WP(c).No.6472/08 2 developmental activities in the property cannot be denied. On that basis the writ Petition was allowed and it was held that the necessary no objection certificate shall be issued to the petitioner so that the owner can undertake construction in the property. 3. Since the facts of the petitioners' case is similar and the Ext.P2 notification is also same as the one which was dealt with by the learned single Judge in Ext.P3 judgment, this writ petition is also disposed of directing the 3rd respondent to issue NOC to the petitioners enabling them to undertake construction work and other activities in the properties covered by Ext.P2 notification which was already lapsed. Petitioner shall produce a copy of the judgment before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.6472/08 3