SHANTA MADHAVAN Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is aggrieved by Ext.P8 order passed by the Greater Cochin Development Authority (GCDA) cancelling the allotment made in favour of the petitioner.

(2.) THE petitioner is the widow of late Sri.A.Madhavan to whom Plot No.39 was alloted as per the agreement. The late husband of the petitioner was conducting a workshop called 'Padma Meenakshi Co.'. Ext.P1 is a copy of the Power of Attorney executed in favour of the petitioner and Ext.P2 shows that licence has been issued for conducting workshop to Sri.A.Ravindran, the brother of late Madhavan. Sri.A.Madhavan died on 08.09.1991 and Sri.Ravindran died later on 7/2/2008. The petitioner alone is the legal heir as the mother also died on 4/5/1985.

(3.) THE petitioner has taken various grounds in the writ petition. She has also produced Ext.P9, note file of the respondent obtained under the Right to Information Act wherein in page 48, it is recorded that the initial amount was Rs.1,73,648.70/- and after making the initial payment of Rs.46,172.95/-, the allottee had to remit balance cost of Rs.1,29,975.75/- in ten half yearly instalments. The monthly instalment was Rs.17,586.98/-. It is clear from the said endorsement that a major part of the payments have been effected and there was one dispute whether the amount should be credited as on the date of the cheque or as on the date of encashment. It is also seen that as on 27/8/1986, the balance amount was Rs.1,571/-. It is submitted by the learned Standing Counsel for the GCDA that thereafter enhanced land compensation was fixed by the court and that has not been remitted.