ANOOP UNNIKRISHNAN Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) R.S.A.No.701/2011 arises out of the concurrent findings rendered by the Additional Munsiff Court - I, Ernakulam in O.S.No.1214/2006 and Principal Sub Court, Ernakulam in A.S.No.41/2010 and W.P.(C)No.8456/2019 is filed by the legal heir of the deceased 3rd defendant in O.S.No.1214/2006.

(2.) The brief facts necessary for the disposal of the matters are as follows:

(3.) In W.P.(C)No.8456/2019, the legal heir of the 3rd defendant in O.S.No.1214/2006 approached this Court seeking a direction to the GCDA to complete the allotment made to the husband of the petitioner and execute the sale deed and hand over 2.817 cents of land allotted to her husband as per Ext.P1 allotment letter. It is contended that, only on the filing of the writ petition, the litigation between the appellants in the second appeal and the GCDA was brought to her notice. Later, upon realizing the nature of the contentions raised by the parties and the affidavit filed on behalf of the GCDA, she understood that the proposal by the GCDA to vary the town planning scheme was not accepted by the Government. Consequently, the possibility of getting the land allotted to her as per Ext.P1 was remote, and she sought an amendment to the writ petition, requesting a direction to the GCDA to return the amount collected by them with due interest and compensation. Since the dispute raised in the writ petition has a close bearing on the decision to be taken by this Court in the second appeal, the writ petition was also tagged to be heard along with the regular second appeal.