GURUKRIPA ASSOCIATES Vs. SECRETARY GREATER COCHIN

JUDGEMENT

(1.) This appeal arises out of the common judgment delivered by the learned single Judge in Writ Petition No. 33710 of 2006 and other connected cases, dated 11.04.2007. By the impugned judgment, the learned single Judge has rejected the Writ petitions and has directed the respondent-Greater Cochin Development Authority, Kochi to refund the amounts collected from the petitioners with interest, at the rate 6%, from the date of collection till the date of payment, after deducting the proportionate rent for the period of use of shop.

(2.) The petitioner in its writ petition filed had called in question the tender notification issued by the Greater Cochin Development Authority, Kochi for allotment of shops. The tender notification so issued by the Authority was pursuant to the orders and directions issued by this Court in W.P.(C) No. 17775 of 2006 and in other Writ Petitions.

(3.) In the course of the order, the learned single Judge has opined that the Development Authority, before allotting shops on lease to the petitioner and others, had violated the procedure prescribed, in the sense, that it has not issued any notification inviting applications from among the public for allotment of shops and that allotment of shops made by the Authority is in violation of fundamental rights of other persons who are also interested in allotment of shops. Therefore, the learned single Judge has sustained the tender notification issued by the Development Authority. The correctness or otherwise of the impugned judgment is the subject matter of this Writ Appeal.