LAWS(KER)-2017-3-114

KOTTAYAM MUNICIPALITY Vs. KODUR HOUSE PLOT OWNERS ASSOCIATION

Decided On March 30, 2017
KOTTAYAM MUNICIPALITY Appellant
V/S
Kodur House Plot Owners Association Respondents

JUDGEMENT

(1.) The present appeal is by Kottayam Municipality against the judgment dated 30.11.2012 passed in W.P.(C) No.19978 of 2008.

(2.) It appears that the writ petitioners who were respondents herein had applied for and were alloted plots of land for housing purposes in a colony being developed by the Kottayam Municipality. The colony by nature of things had to have basic civil amenities, i.e., road, water, electricity, drainage. These were the obligations of the Municipality. These obligations were acknowledged and were part of the sale conditions. These transactions took place in the year 1994. The writ petitioners waited and when they found that the Municipality was virtually doing nothing, they approached this Court.

(3.) The learned single Judge, by the judgment under appeal, having heard the parties and noticed the fact, issued Mandamus to the Municipality to meet its obligation of building and maintaining the road and other utilities within a period of six months.