GREATER COCHIN DEVELOPMENT AUTHORITY Vs. P.K.ASHOKAN

JUDGEMENT

(1.) Being aggrieved by the judgment made in W.P.(C) No.4783 of 2019 dated 20.8.2019, instant writ appeal is filed.

(2.) Short facts leading to the filing of the writ petition are that, father of the petitioner/1st respondent herein, Krishnan, was Kudikidappukaran of 3 cents of property in Sy.No.1044/5 of Ernakulam Village. After the death of Krishnan, his legal heirs applied for purchasing the kudikidappu before the Land Tribunal, Ernakulam vide O.A.No.36 of 1983.

(3.) During the pendency of said proceedings, Government of Kerala had acquired the said property for Greater Cochin Development Authority (GCDA). Subsequently, vide order dated 03.11.1994, Land Tribunal, Ernakulam, allowed the O.A. and found that late Krishnan was Kudikidappukaran with respect to 3 cents of land. He was also in possession of another 4.5 cents of land on the southern side of the aforesaid property. The said property is lying in such a form that it cannot be used by anyone else other than the writ petitioner. Hence, the writ petitioner submitted a representation dated 05.09.2007 expressing his willingness to purchase the said property at the prevailing market rate. The said representation was on the records of the respondent as file No:6949-PL1-15. Recently, GCDA had auctioned the adjacent land. One Saju Kunnath has purchased the said property on a sale consideration of Rs.12,30,000/- per cent. Considering the request of the writ petitioner, the Executive Committee of GCDA had resolved to convey the said property to the writ petitioner as per Exhibit-P5 decision dated 18.05.2016. Even after 3 years of Exhibit-P5 decision, the property is not assigned to the petitioner. For the past 15 years, writ petitioner is walking behind the respondent to get the property conveyed to him. In such circumstances, he has approached this Court for the following relief: