Thankamma George and Others v. Greater Cochin Development Authority and Others

WP(C) NO.14065/2020 **1** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 15[TH] DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944** ## **WP(C) NO. 14065 OF 2020** ## **PETITIONERS:** 1 THANKAMMA GEORGE,AGED 74 YEARS W/O.M.J.GEORGE, RESIDING AT MUKKADAYIL HOUSE, C.P UMMAR ROAD, KOCHI-682 035. **ADDL.PETITIONERS IMPLEADED** ADDL.P2. M.J.GEORGE, S/O.JOSEPH, AGED 85 YEARS, C P UMMER ROAD, PULLEPADY, ERNAKULAM COLLEGE S.O., ERNAKULAM-682 035. ADDL.P3 JERRY GEORGE, S/O.M.J.GEORGE, AGED 37 YEARS, MUKKADAYIL HOUSE, H.NO.41/1064, SREEKRISHNA SWANI CROSS ROAD, ERNAKULAM COLLEGE-682 035. ADDL.P4 JOHNY GEORGE, S/O.M.J.GEORGE, AGED 53 YEARS, CA HYBREASAL APARTMENT, PANDIT KARUPPAN ROAD, THEVARA, ERNAKULAM-682 013. ADDL.P5 MIGI JOSE, W/O.JOSE JACOB, AGED 51 YEARS, THUMPASSERY, ETTUMANOOR VILLAGE, ATHIRAMPUZHA, KOTTAYAM-686 562. ADDL.P6 MINI THOMAS, D/O.M.J.GEORGE, AGED 54 YEARS, KARIPPARAMBIL, VADAVATHOOR P.O., KOTTAYAM-686 010. ADDL.P7 GIJO MUKKADAYIL GEORGE S/O.M.J.GEORGE, AGED 46 YEARS, MUKKADAYIL HOUSE, KRISHNA SWAMI CROSS ROAD, ERNAKULAM-682 035. (ADDL. PETITIONERS 2 TO 7 IMPLEADED AS LEGAL REPRESENTATIVES OF THE PETTIIONER AS PER ORDER DATED 07-04-2022 IN IA 1/2022). BY ADVS.SRI JOJU KYNADY SRI S.SREEKUMAR (SR.) SRI.TOM THOMAS (KAKKUZHIYIL) SRI.A.ABDUL NABEEL WP(C) NO.14065/2020 **2** ## **RESPONDENTS:** - 1 GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, PARK AVENUE, MARINE DRIVE, ERNAKULAM, KOCHI-682020. - 2 STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE, THIRUVANANTHAPURAM PIN-695 001. - 3 THE DIRECTOR VIGILANCE AND ANTICORRUPTION BUREAU, PATTOOR, PMG ROAD, THIRUVANANTHAPURAM -695 033. - 4 DISTRICT COLLECTOR ERNAKULAM CIVIL STATION, KAKKANAD-682030. - 5 THAHASILDAR, KANAYANNUR TALUK OFFICE, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE, KOCHI, KERALA-682 011. - 6 VILLAGE OFFICER ERNAKULAM VILLAGE, MARINE DRIVE, KOCHI,KERALA 682 011. BY ADV SRI.ARUN ANTONY SMT.DEEPA V., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.6.2022, THE COURT ON 15.09.2022 DELIVERED THE FOLLOWING: WP(C) NO.14065/2020 **3** ## **T.R. RAVI, J.** **--------------------------------------------** W. P. (C) No.14065 of 2020 -------------------------------------------Dated this the 15th day of September, 2022 ## **JUDGMENT** The petitioner purchased an extent of 20 cents of land in Sy.No.497/2 of Ernakulam Village from the 1[st] respondent Greater Cochin Development Authority (hereinafter referred to as GCDA) as per sale deed No.1460/2016 of SRO, Ernakulam. The land is included in the GCDA Town Planning Scheme for Ernakulam Stadium Bus Stand Scheme and was intended to be developed and/or to sell as buildable sites to persons intending to construct buildings therein. The purchase was after being successful in a public auction conducted on 20.8.2015. The property has been classified as Jenmom dry land in the sale deed. However, when the petitioner paid the land tax for the year 2019-20, the receipt stated the tenure and classification of the land as nilam. The petitioner had purchased the land after paying an amount of Rs.2,48,00,000/- and stamp duty of Rs.14,88,000/and registration fee of Rs.4,96,250/-. To the request made by the petitioner for rectification of the errors, she was informed that a vigilance case is pending, and the Vigilance Department has recommended to cancel the sale and retrieve the land from the WP(C) NO.14065/2020 **4** petitioner. It is in the above circumstances that the petitioner has approached this Court praying for a direction to the respondents to initiate proceedings to either buy back the land and refund the entire amounts expended by the petitioner with 12% interest per annum or in the alternative to direct the respondents to pass appropriate orders on Ext.P11 submitted by the petitioner seeking the very same reliefs. The original petitioner died and legal representatives have been impleaded as additional petitioners. The writ petition has been amended by adding additional prayers for direction to the 3[rd] respondent for effecting necessary changes in the basic tax register and for other consequential reliefs. 2. The 1[st] respondent has filed a counter affidavit producing the report of the Vigilance and Anti-Corruption Bureau. It is stated that even though communications had been initiated for advice regarding the steps to be taken in the matter, nothing has transpired after 2019. 3. In W.P.(C)No.351/2019 filed by M/s. Blueone Realtors, who had also purchased land from the GCDA, the prayer was for issuance of a building permit for effecting construction on the land. A contention regarding the validity of the sale was put in issue in the said case and this Court disposed of the writ petition with a direction WP(C) NO.14065/2020 **5** to the Corporation to consider the application for building permit finding that no proceedings had been initiated to nullify the sale conducted by the GCDA. It was made clear that if the Government is proposing to take any action against GCDA officials and as against the sale conducted by the GCDA, they are free to do so in accordance with law. The Court also found that there is no necessity for the petitioner therein to regularise the land in terms of Section 27A of Act 28 of 2008, since a Division Bench of this Court has in **Antony Jayan v. State of Kerala** reported in **[2015 (4) KLT 370]** taken a view that KLU Order will not apply in respect of lands covered under the Town Planning Scheme. The Court noticed that the GCDA who was the previous owner of the land, had acquired the land for specific purposes under the Town Planning Scheme. It is evident from the facts pleaded in this case that the sale itself was conducted by the GCDA for the purpose of developing the land and constructing buildings. Ext.R1(f) dated 17.2.2021 has been produced which says that M/s.Blueone Realtors should be given compensation and the sale in their favour should be cancelled and the property taken back. Ext.R1(g) is the letter issued by the Secretary to the Government seeking clarification regarding the compensation to be paid. Ext.R1(h) is a letter from GCDA to the District Collector seeking advice as to the legal steps that are required to be taken by the WP(C) NO.14065/2020 **6** GCDA for cancelling the registration of the sale deed with respect to the properties which have been sold to the petitioner. No action appears to have been taken so far. 4. Heard Sri S.Sreekumar, Senior Advocate, instructed by Sri Joju Kynady on behalf of the petitioners, Sri Arun Antony, Standing Counsel for the 1st respondent and Smt.Deepa V., Government Pleader for respondents 2 to 6. 5. The judgment in W.P.(C)No.351/2019 has become final and has not been appealed against. The case of the petitioners is similar to the case of the petitioner in W.P.(C)No.351/2019. Even though directions had been issued for cancellation of the sale and to take back the property from the petitioners, the fact remains that nothing has been done for the past six years. The predecessor of the petitioners had parted with a huge amount in 2016 and the petitioners are still not able to utilise the property owing to the proceedings that are said to have been initiated. There is no reason why the petitioners should suffer for mistakes, if any, committed by the GCDA. The GCDA cannot be allowed to have the benefit of the amounts received from the petitioner as sale consideration and by their subsequent inaction affect the rights of the petitioner. The petitioners are also entitled to get a similar treatment as the one WP(C) NO.14065/2020 **7** which was allowed in the case of the petitioner in W.P. (C)No.351/2019. 6. In the above circumstances, this writ petition is disposed of directing the 3[rd] respondent to make necessary changes in the Basic Tax Register and to notify the land purchased by the petitioners from the 1[st] respondent as Jenmom dry land as mentioned in Ext.P1 sale deed and to issue all relevant revenue records in the name of the petitioners with respect to Ext.P1 sale deed. The petitioners will also be entitled to prefer necessary applications for building permit which shall be considered by the concerned authorities in accordance with law treating the property as Jenmom dry land. Necessary orders shall be issued within one month from the date of receipt of a copy of this judgment. It is made clear that no procedure under Section 27A of Act 28 of 2008 needs to be initiated for regularisation of the land. It is also made clear that the above directions are without prejudice to the right of the Government, if any, to initiate action against the GCDA officials and as against the sale conducted by the GCDA, in accordance with law. Sd/- **T.R. RAVI** **JUDGE** dsn The word “3[rd] respondent” appearing in first sentence of paragraph 6 of the judgment dated 15.09.2022 in W.P. WP(C) NO.14065/2020 **8** (C)No.14065/2020 is corrected as “4[th] respondent” as per order dated 12.12.2022 in I.A.No.4/2022 in W.P.(C)No.14065/2020. Sd/- Deputy Registrar WP(C) NO.14065/2020 **9** ## **APPENDIX OF WP(C) 14065/2020** ## PETITIONER EXHIBITS |EXT.P1|TRUE COPY OF SALE DEED NO.1460/1/2016 DATED| |---|---| ||22/3/2016.| |EXT.P2|TRUE COPY OF ORDER NO.3128/ESTATE/B1/2014/GCDA| ||DATED 14/10/2015.| |EXT.P3|TRUE COPY OF REQUEST LETTER DATED 21/10/2015.| |EXT.P4|TRUE COPY OF LAND TAX RECEIPT FOR THE YEAR| ||2016-17 DATED 19/8/2016.| |EXT.P5|TRUE COPY OF LAND TAX RECEIPT FOR THE YEAR| ||2017-18 DATED 16/1/2018.| |EXT.P6|TRUE COPY OF POSSESSION CERTIFICATE NO.310/18| ||DATED 1/2/2018.| |EXT.P7|TRUE COPY OF LAND TAX RECEIPT FOR THE YEAR| ||2019-20 DATED 22/6/2019.| |EXT.P8|TRUE COPY OF PETITIONER'S LETTER DATED 21/1/20.| |EXT.P9|TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED| ||21/02/2020.| |EXT.P10|TRUE COPY OF LETTER NO.3792/ESTATE/A-1/18/GCDA| ||DATED 9/3/2020.| |EXT.P11|TRUE COPY OF LETTER DATED 4/5/2020.| |EXT.P12|TRUE COPY OF LETTER NO.4538/ESTATE/B-| ||1/2018/GCDA DATED 25/5/2020.| |EXT.P13|TRUE COPY OF LETTER DATED 2/7/2020.| |EXT.P14|TRUE COPY OF THE LETTER FROM GOVERNMENT BEARING| ||NO.LSGD-IA 3/36/2019-LSGD ISSUED TO G.C.D.A.| ||DATED 17-02-2021.| RESPONDENT EXHIBITS WP(C) NO.14065/2020 **10** |EXT.R1(a)|REPORT FROM THE VIGILANCE AND ANTI CORRUPTION| |---|---| ||BUREAU DT.1.6.2018| |EXT.R1(a)(1)|REPORT FROM THE VIGILANCE AND ANTI-CORRUPTION| ||BUREAY DT.30.5.2018| |EXT.R1(b)|LETTER No.4538/ESTATE/B1/18/GCDA DT.7.10.2018| |EXT.R1(c)|LETTER FROM ADDITIONAL CHIEF SECRETARY TO GCDA,| ||DT.16.3.2019| |EXT.R1(d)|REPLY OF GCDA TO GOVERNMENT WITH REPORT OF THE| ||COPIES OF VIGILANCE REPORT, AUDIT REPORT AND| ||ALL OTHER CONNECED DOCUMENTS DT.11.4.2019| |EXT.R1(e)|LETTER FO GCDA TO GOVERNMENT DT.25.5.2020| |EXT.R1(f)|TRUE COPY OF THE INTIMATION LETTER ISSUED BY| ||ADDITIONAL CHIEF SECRETARY DATED 17.02.2021.| |EXT.R1(g)|TRUE COPY OF THE REPLY LETTER OF GCDA DATED| ||18.08.2021.| |EXT.R1(h)|TRUE COPY OF THE LETTER OF GCDA TO 4TH| ||RESPONDENT DATED 28.09.2021.|