Vidyanagar Resident'S Association v. Corporation Of Cochin

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 ---------------------------- PETITIONER(S):

1.

VIDYANAGAR RESIDENT'S ASSOCIATION, (REG. NO. ER 22/04), VIDYANAGAR, KADAVANTHRA, KOCHI-20, REP. BY ITS SECRETARY, A.K.BALACHANDRAN, S/O.A.K.KUNJUNNI, SREYAS, 50/1492, VIDYANAGAR, KADAVANTHRA, KOCHI-20.

2. T.R.VIJAYAN, PRESIDENT, VIDYANAGAR RESIDENT'S ASSOCIATION, 50/1701 THAREPARAMBIL, VIDYANAGAR.

BY ADVS.SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K.

SRI.JOBI.A.THAMPI SRI.RAFFEEKH.K SMT.VIDYA KUMARI.B.VAID RESPONDENT(S):

1. CORPORATION OF COCHIN, REP. BY ITS SECRETARY, KOCHI.

2. M/S.DESAI HOMES, D.D.BAZAR, GOAPALAPRABHU ROAD, KOCHI-35.

3. STATE OF KERALA, REP. BY ITS SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

*ADDL. R4 IMPLEADED R4.

M/S.DESAI DREAMS RETREAT PRIVATE LTD., VASTRAMAHAL, MARKET ROAD, COCHIN-11.

(*ADDL. R4 IS IMPLEADED AS PER ORDER DATED 29/08/06 IN IA.NO.12149/06) R2 BY ADV. SRI.ANTONY DOMINIC R2 BY ADV. SRI.A.M.SHAFFIQUE (SR.) R2 BY ADV. SRI.E.K.NANDAKUMAR R2 BY ADV. SRI.A.K.JAYASANKAR NAMBIAR ADDL.R4 BY ADV. SRI.ANTONY DOMINIC BY GOVERNMENT PLEADER SRI.SOJAN JAMES BY SRI.S.RAMESH BABU, SC.COCHIN CORPN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

THE MATTER IS IN THE DISPOSAL LIST. NO REPRESENTATION FOR THE PETITIONERS. AS THERE IS NO REPRESENTATION FOR THE PETITIONERS, THE WPC IS CLOSED WITHOUT GOING INTO THE MERITS. SD/- K.VINOD CHANDRAN, JUDGE 07/09/2015 rvs.

APPENDIX PETITIONER(S)' EXHIBITS :

------------------------- EXT.P1:

TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ASSOCIATION.

EXT.P1(A):

TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1. EXT.P2:

TRUE COPY OF THE RELEVANT PORTION OF MEMORANDUM OF ASSOCIATION OF THE PETITIONER ASSOCIATION.

EXT.P2(A):

TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P2. EXT.P3:

TRUE COPY OF THE LAYOUT OF VIDYANAGAR.

EXT.P4:

TRUE COPY OF THE REPRESENTATION DATED 14/11/2005 SUBMITTED BY THE PEPTITIONE THE HON'BLE CHIEF MINISTER.

EXT.P4(A):

TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P4. EXT.P5:

TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION IN ISSUE. EXT.P6:

TRUE COPY OF THE PHOTOGRAPH OF THE GATE OF PMJ FLATS WITH THE BOARD.

EXT.P7:

TRUE COPY OF THE PHOTOGRAPH SHOWING THE DUMPTING OF CLAY WITH VEHICLE.

EXT.P8:

TRUE COPY OF THE REPRESENTATION DATED 18/08/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P8(A):

TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT.P6.

RESPONDENT(S)' EXHIBITS :

------------------------ EXT.R4(A):

TRUE COPY OF THE BUILDING PERMIT DATED 18/03/2005 UNDER RULE 11

(3) OF THE KERALA MUNICIPALITY BUILDING RULES, 1999 WAS GRANTED TO THE LAND LORDS, NO.KRPI-666/04.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.22619 of 2006 = = = = = = = = = = = = = = = = = = Dated this the 7th day of September, 2015

JUDGMENT

The matter is in the disposal list. No representation for the petitioners. As there is no representation for the petitioners, the WP(C) is closed without going into the merits. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj //true copy// P.A to Judge