2025:KER:27345 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 2078 OF 2016 PETITIONERS: 1 DR. T.K. THANKAPPAN AGED 71 YEARS HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING, KRG COLLEGE OF ENGINEERING FOR WORMEN, THURAVOOR, CHERTHALA, RESIDING AT PLOT NO.112, JAWAHAR NAGAR PO, KADAVANTHRA, COCHIN 20 2 MT JOSE PLOT NO.114, JAWAHAR NAGAR PO, KADAVANTHRA, COCHIN 20 3 T.THOMAS PLOT NO.116, JAWAHAR NAGAR PO, KADAVANTHRA, COCHIN 20 4 JAISON JAMES PLOT NO.117, JAWAHAR NAGAR PO, KADAVANTHRA, COCHIN 20 5 J.CLEETUS FERNANDEZ PLOT NO.92, JAWAHAR NAGAR PO, KADAVANTHRA, COCHIN 20 BY ADVS. SRI.S.RADHAKRISHNAN KUM.R.ANJALI SHRI.S.RAJMOHAN RESPONDENTS: 1 THE ERNAKULAM CO-OPRATIVE HOUSE CONSTRUCTION SOCIETY LTD NO.E 169, REPRESENTED BY THE SECRETARY, GIRINAGAR, ERNAKULAM, KOCHI 20 W.P.(C) No.2078 of 2016 2 2025:KER:27345 2 THE REGISTRAR OF CO OPERATIVE SOCIETIES SAHAKARANA BHAVAN, THIRUVANANTHAPURAM 3 THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES ERNAKULAM, COLLECTORATE CAMPUS, KAKKANAD, ERNAKULAM 4 THE GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATIN (RB) DEPARTMENT, THIRUVANANTHAPURAM 695001 5 THE CORPORATION OF COCHIN REPRESENTED BY SECRETARY, ERNAKULAM KOCHI 682001 6 THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, CGDA, KADAVANTHRA, PIN 682020 BY ADVS. G.KRISHNAKUMAR VIPIN P.VARGHESE, SC, GCDA FOR R6 K. JANARDHANA SHENOY BINOY DAVIS, GOVERNMENT PLEDER FOR R2 AND R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.2078 of 2016 3 2025:KER:27345 P.M. MANOJ, J ------------------------------ W.P.(C) No.2078 of 2016 -------------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The writ petition has been preferred by the residents of Jawahar Nagar Housing Colony, who are aggrieved by Ext.P1 tender cum auction notice issued by the 1st respondent 2. It is the case of the petitioners that though the society promulgated the scheme and thereafter the entire residents have purchased the property from the society, the society is no more in possession to tender out any property within the housing colony area. Therefore, Ext.P1 tender cum auction notice cannot be sustained. 3. In response to that, the learned counsel for the 1st respondent submitted that the writ petition itself is not maintainable. However, in the light of disposal of W.P.(C) No.1311 of 2012, wherein the application for building permit was rejected by the Corporation, and considering the changed circumstances following the implementation of the new master plan, the writ W.P.(C) No.2078 of 2016 4 2025:KER:27345 petition was disposed of with a direction to the Secretary of the Cochin Corporation to consider the fresh application submitted by the Society within a stipulated time limit, after hearing all the objectors. In the light of said direction, it appears that Ext.P1 tender notice cannot be acted upon until a decision is taken by the Corporation. However, the question with respect to the maintainability of this writ petition is left open. Accordingly, this writ petition is also disposed of. Sd/- P.M.MANOJ JUDGE sss W.P.(C) No.2078 of 2016 5 2025:KER:27345 APPENDIX OF WP(C) 2078/2016 RESPONDENT EXHIBITS Exhibit R1(1) TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07022312336/2023 DATED 06.06.2023 ISSUED FROM THE VILLAGE OFFICE, ERNAKULAM PETITIONER EXHIBITS P1 A: A TRUE COPY OF THE APPLICATION FORM SOLD BY THE 1ST RESPONDENT IN TUNE WITH EXT P1 TENDER NOTICE ALONG WITH THE SKETCH TO IDENTIFY THE PROPERTY AND ITS ENGLISH TRANSLATION P2: A TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT SOCIETY TO ONE OF THE ALLOTTEES DATED 16.06.1979 P3: A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC.NO.16549/2010 DATED 08.06.2010 P4: A TRUE COPY OF THE LETTER NO.E1/7286/2010 DATED 13.03.2012 P1: A TRUE COPY OF THE TENDER CUM AUCTION NOTICE PUBLISHED BY THE 1ST RESPONDENT IN MALAYALA MANORAMA DAILY DATED 22.12.2015 P5: A TRUE COPY OF THE LETTER NO. KRP.2 676/08 DATED 02.06.2011 TO THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION P5 A, P6: A TRUE COPY OF THE MEMO DATED 14.02.2010 IS REJECTING THE APPLICATION SUBMITTED BY THE 1ST RESPONDENT FOR BUILDING PERMIT TO CONSTRUCT A RESIDENTIAL AND COMMERCIAL BUILDING IN THIS DISPUTED PROPERTY OF 50 CENTS W.P.(C) No.2078 of 2016 6 2025:KER:27345 P7: A TRUE COPY OF THE REPRESENTATION DATED 07.01.2016 SUBMITTED TO THE REGISTRAR OF CO OPERATIVE SOCIETIES SUBMITTED BY THE PETITIONERS P8: A TRUE COPY OF THE REPRESENTATION DATED 07.01.2016 SUBMITTED TO THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES SUBMITTEED BY THE PETITIONERS P4 A: LETTER DATED 15.03.2011 ISSUED BY THE LSGD TO THE SECRETARY, COCHIN CORPORATION AND ITS ENGLISH TRANSLATION