Kerala High Court
Shoba Ramachandran vs The Stateof Kerala on 29 May, 2015
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 6TH DAY OF JANUARY 2017/16TH POUSHA, 1938
WP(C).No. 10130 of 2015 (M)
----------------------------
PETITIONERS:
--------------------
1. SHOBA RAMACHANDRAN,
G-62, ELDERS' FORUM ROAD,
PANAMPILLY NAGAR,
ERNAKULAM 682 036.
2. DR.SUBHASH CHANDRA BOSE,
G-444,S.B.T AVENUE, PANAMPILLY NAGAR,
ERNAKULAM 682 036.
3. M.VIJAYAN MENON, G-56,
PANAMPILLY NAGAR,
ERNAKULAM 682 036.
4. LEELA VARGHESE, G-336,
PANAMPILLY NAGAR,
ERNAKULAM 682 036
5. MARY GEORGE, K.V-23,
K.V COLONY,PANAMPILLY NAGAR,
ERNAKULAM 682 036.
6. DR.V.D PRADEEP KUMAR,.
G-5,1ST STREET, PANAMPILLY NAGAR,
ERNAKULAM 682 036.
7. DR.ABRAHAM K.PAUL, K.V-25,
5TH CROSS ROAD, K.V COLONY,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
8. K.V. THOMAS, G-6,1ST STREET,
PANAMPILLY NAGAR,ERNAKULAM 682 036
9. S.KRISHNAKUMAR, K.V-21,
5TH CROSS ROAD, K.V COLONY,
PANAMPALLY NAGAR, ERNAKULAM 682 036.
10. A.K VENKITESWARN, K.V.61/1,
7TH CROSS, K.V COLONY,
PANAMPILLY NAGAR,ERNAKULAM 682 036
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WP(C) NO. 10130/2015
11. K.M THILAKAN, G-368,
PANAMPILLY NAGAR,ERNAKULAM 682 036
12. K.I PHILIP, G-172, PANAMPILLY NAGAR,
ERNAKULAM 682 036.
13. DR.M MUKUNDAN MENON, G-57,
PANAMPILLY NAGAR,ERNAKULAM 682 036
14. DR.V BALAKRISHNAN, THE RETREAT, G-291,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
BY ADV. SRI.ANIL SIVARAMAN
RESPONDENTS:
-----------------------
1. THE STATEOF KERALA, REPRESENTED BY
ITS SECRETARY, DEVELOPMENT(MUNICIPAL RULES)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2. THE GREATER COCHIN DEVELOPMENT AUTHORITY,
REP. BY ITS SECRETARY, KADAVANTHRA, COCHIN 682 020.
3. THE COPORATION OF COCHIN, REP. BY ITS SECRETARY,
CORPORATION OFFICE, PARK AVENUE,COCHIN 682 011.
4. THE KERALA STATEHOUSING BOARD,
REP. BY ITS SECRETARY, 9TH FLOOR,
HOUSING BOARD BUILDING,
PANAMPALLY NAGAR, ERNAKULAM 682 036.
5. THE COCHIN SHIPYARD STAFF CO-OPERATIVE
HOUSE CONSTRUCTION SOCIETY LTD.,
NO E-346, PERUMANOOR, ERNAKULAM.
6. LUX RAYS FURNISHING BOUTIQUE,
G-258, PANAMPILLY NAGAR,
ERNAKULAM 682 036 REP. BY MANAGER
7. MORE SUPERMARKET,G-134,
PANAMPILLY NAGAR,
ERNAKULAM 682 036 REP.BY MANAGER.
8. AXIS BANK, PANAMPILLY NAGAR BRANCH,
G-282, CENTRAL AVENUE, PANAMPILLY NAGAR,
ERNAKULAM 682 036 REP. BY BRANCH MANAGER.
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WP(C) NO. 10130/2015
9. VALLAKKALIL CAFES & RESTAURANTS,
(ITTYS, AAVI, GOKUL OOTUPARA, LOAFERS),
G-290, PANAMPILLY NAGAR,
ERNAKULAM 682 036 REP. BY MANAGER
10. THE WEAVERS, G-54, PANAMPILLY NAGAR,
ERNAKULAM 682 036, REP. BY MANAGER.
11. STUDIO REVIVE BEAUTY PARLOUR,
G-182, PANAMPALLY NAGAR,
ERNAKULAM 682 036 REP. BY MANAGER
12. ALDOUS GLARE TRADE AND EXPORTS,
G-63, PANAMPILLY NAGAR,
ERNAKULAM 682 036 REP. BY MANAGER.
Addl. 13. RENJITH V.S ., S/O.V.M.SREENIVASAN, 1B,
AC MORNING STAR, OFF REFINERY ROAD,
TRIPUNITHURA.
Addl. 14. MARY JERLIN K.J., W/O.JOSEPH,
PANAGAYIL HOUSE, NEAR ANGLO INDIAN SCHOOL,
VADUTHALA P.O.
Addl. 15. JOHNSON CLEETUS J.C., S/O.J.CLEETUS,
1/1379, NORTH THAMARAPARAMBU, FORT KOCHI.
Addl. 16. VINOD P.A., S/O C.V.ANANDAN,
PANJCHERAVALLIYAIL HOUSE,
JAYANTHI ROAD, MARADU P.O., KOCHI - 34.
Addl. 17. SIJIN K.M., S/O.MOHANAN K.V,
KIZHAVAN HOUSE, UDAYATHINVATHIN,
PANANGAD PO., KOCHI.
Addl. 18. SAM SELVARAJ L.A., S/O.LOUIS,
KURUPPASSERRY HOUSE, 9/355 A,
VELI NEAR ITI, FORT KOCHI.
Addl. 19. SOUMINI K.K., W/O.KESAVAN,
VALLASSERRY HOUSE, PUTHIYA KAVU,
TRIPUNITHURA.
Addl. 20. MANU GEORGE T.V ., S/O BABU T.V.,
THURAVUNGAL HOUSE, CHILAVANNUR,
KADAVANTHRA.
ADDITIONAL R13 TO R20 IMPLEADED AS PER ORDER DATED 29.05.2015 IN IA NO.
6417/2015.
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WP(C) NO. 10130/2015
Addl. 21. PRASANNAKUMAR B.S., RESIDING AT 4B1,
RDS AVENUE ONE, CROSS ROAD 15,
PANAMPILLY NAGAR, COCHIN - 36.
Addl. 22. RADHAKUMAR, RESIDING AT 4B1,
RDS AVENUE ONE, CROSS ROAD 15,
PANAMPILLY NAGAR, COCHIN -36.
(PETITIONERS 1 AND 2 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER
SRI. K. SRINIVASAN, RESIDING AT 4A, RDS AVENUE ONE, CROSS ROAD 15,
PANAMPILLY NAGAR, COCHIN 36)
Addl. 23. ACCAMMA ALEXANDER, AGED 64 YEARS,
W/O.M.A. ALEXANDER, RESIDING AT G-246,
PANAMPILLY NAGAR, COCHIN - 36.
ADDITIONAL R21 TO R23 IMPLEADED AS PER ORDER DATED 05.06.2015 IN IA NO.
6972/2015.
Addl. 24. KERALA MERCHANTS CHAMBER OF COMMERCE
MERCHANTS CHAMBER BUILDING, MERCHANTS ROAD,
COCHIN - 682 011, REPRESENTED BY ITS GENERAL SECRETARY -
C.G.GOPAL SHENOY.
ADDITIONAL R24 IMPLEADED AS PER ORDER DATED 05.06.2015 IN IA NO.
7009/2015
Addl. 25. BIBA BOUTIQUE, REP. BY ITS MANAGER,
G-308, MAIN AVENUE, PANAMPILLY NAGAR,
ERNAKULAM - 682 036.
Addl. 26. SUVASA & ALANKRITA, REP. BY THE MANAGER,
G-314, 37/5167, MAIN AVENUE, PANAMPILLY NAGAR,
ERNAKULAM -682 036.
Addl. 27. NUTRITION CLUB, REP. BY ITS MANAGER,
314, PARAMBITHARA CROSS ROAD,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 28. THE PROPRIETOR, ARTISSAN'S GUILD,
G-361, MAIN AVENUE, PANAMPILLY NAGAR,
ERNAKULAM - 682 036.
Addl. 29. KEERIKKADANS RESTAURANT, MIG-392,
REP. BY ITS MANAGER, 11TH CROSS ROAD,
STREET NO.2, PANAMPILLY NAGAR - 682 036.
Addl. 30. GLOBENT MEDIA, MIG-370, REP. BY THE MANAGER,
11TH CROSS ROAD, STREET NO.2,
PANAMPILLY NAGAR - 682 036.
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WP(C) NO. 10130/2015
Addl. 31. THE PROPRIETOR, BEAUTY SHACK, MIG-344,
11TH CROSS ROAD, STREET NO.2,
PANAMPILLY NAGAR - 682 036.
Addl. 32. THE PROPRIETOR, ARSHIYA NAINA, MIG-464,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 33. THE PROPRIETOR, WALK DIS WAY, MIG-464,
FIRST FLOOR, PANAMPILLY NAGAR,
ERNAKULAM - 682 036.
Addl. 34. EAT STREET, REP. BY THE MANAGER, G-42,
1ST CROSS ROAD, PANAMPILLY NAGAR,
ERNAKULAM - 682 036.
Addl. 35. PERFUME GALLERY, REP. BY ITS MANAGER,
1ST FLOOR, HIG-1A, MAIN AVENUE,
PANAMPILLY NAGAR - 682 036.
Addl. 36. STEPHENZ, REP. BY ITS MANAGER, G-271,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 37. THE PROPRIETOR, NAAYIKA, HIG 56,
10TH CROSS ROAD, PANAMPILLY NAGAR,
ERNAKULAM - 682 036.
Addl. 38. INDIAN BY LABEL, REP. BY ITS MANAGER,
G-277, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 39. THE PROPRIETOR, JOZAAKS, KV-16,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 40. PRE-ORTHODONTIC MYO BRACE CENTER,
REP. BY THE MANAGER, G-269, 1ST FLOOR,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 41. INFOSOFT COMPUTERS PVT. LTD. ,
REP. BY ITS MANAGER, G-8,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 42. VALSAN MEMORIAL INTERNATIONAL SCHOOL &
BABY CLINIC, REP. BY ITS MANAGER, 'SREE VALSAM',
PARAPILLY LANE, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 43. WHYLETZ IDENTITY MANAGMENT COMPANY,
REP. BY ITS MANAGER, G-32, PANAMPILLY NAGAR,
ERNAKULAM - 682 036.
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WP(C) NO. 10130/2015
Addl. 44. FALAFEL HOUSE, REP. BY THE MANAGER,
HB-17, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 45. THIKOMA SOLUTEC, REP. BY ITS MANAGER,
HB-39, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 46. DIAGNOSTIC CARE , REP. BY ITS MANAGER, HB-39,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 47. TUSHITA TRAVELS, REP. BY ITS MANAGER,
MIG-345, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 48. VIBHAA BOUTIQUE, REP. BY ITS MANAGER,
MIG-474, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 49. SUKRITI, REP.BY ITS MANAGER, LIG-482,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
Addl. 50. SHIBU JACOB, TEA SHOP, G-29,
1ST CROSS ROAD, NEAR ELDER'S FORUM BRIDGE,
PANAMPILLY NAGAR, ERNAKULAM - 682 036.
ADDITIONAL R25 TO R50 IMPLEADED AS PER ORDER DATED 19.10.2015 IN IA NO.
14064/2015.
ADDL. 51 ZAREEN IBRAHIM, D/O. IBRAHIMKUTTY,
76, TOOLARA CIRCUIT, FOREST LAKE,
QUEENSLAND - 4078, AUSTRALIA
REPRESENTED THROUGH POWER OF ATTORNEY
HOLDER IBRAHIMKUTTY, AGED 63 YEARS,
S/O. MAKKAR, PLOT NO. G-192,
PANAMPALLY NAGAR, ERNAKULAM 682 036.
ADDL. 52 P.S. JACOB, AGED 75 YEARS,
S/O. LATE SAMUEL CHACKO, G-271,
PANAMPILLY NAGAR, COCHIN 682 036,
KANAYANNUR TALUK, ERNAKULAM DISTRICT.
ADDL. 53 PREETHA JOSEPH, WIFE OF LATE STEPHEN C PETER,
ARACKAL HOUSE, IDUKKI ROAD, OLAMATTOM KARA,
THODUPUZHA P.O. PIN 685 584. REPRESENTED BY
HER FATHER AND POWER OF ATTORNEY HOLDER V.M. JOSEPH
ADDITIONAL R51, R52 AND R53 ARE IMPLEADED AS PER ORDER DATED
08.01.2016 IN IA NOS.16674/2015, 16759/2015 AND 18415/2015.
ADDL. 54 THE MANAGER, UNITED BREWERIES LTD.,
PLOT NO. 12A, PANAMPILLY NAGAR, ERNAKULAM 682 036.
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WP(C) NO. 10130/2015
ADDL. 55 THE MANAGER, LILI PERMANENT HAIR REMOVAL CLINIC,
G-33, PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 56 THE MANAGER, EXACTUS INDIA, G-206,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 57 THE MANAGER, ZOOKIE, G-37,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 58 THE MANAGER, B WORLD, G-5, MENONS
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 59 THE MANAGER, ISPG TECHNOLOGIES INDIA (P) LTD.
G-88, PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 60 THE MANAGER, E BIGWAY EVENTS, G-101,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 61 THE MANAGER, ZOOKIE, G-37,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 62 THE MANAGER, MAYA MATA (INTERIORS)
GROUND FLOOR, G-107,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 63 THE MANAGER, HINDUSTAN BEVERAGES PVT. LTD.
(COCA COLA), G-107 (2ND FLOOR)
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 64 THE MANAGER, TRANS MEDIA, G-117, 1ST FLOOR,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 65 THE MANAGER, MAYA MATA SHOW ROOM, G-117,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 66 THE MANAGER, INSTITUTE OF INTERIOR DESIGNING,
G 170, PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 67 THE MANAGER, OH MY ARTIST, G-154 (1ST FLOOR)
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 68 THE MANAGER, HELLO KIDS, G-181,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 69 THE MANAGER, AIR TRAVEL ENTERPRISES (ATE),
G-237, PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 70 THE MANAGER, FRENCH TOAST, G-243,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
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WP(C) NO. 10130/2015
ADDL. 71 THE MANAGER, HOTEL ARYAAS PARK, G-263
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 72 THE MANAGER, LE CRUIZE, G-306, GANGOTRI,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 73 THE MANAGER, NEW ALLIED TOURS & TRAVELS,
G-308(1ST FLOOR), PANAMPILLY NAGAR,
ERNAKULAM 682 036.
ADDL. 74 THE MANAGER, MOAT, 39/5884C, KATTADIYIL HOUSE,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 75 THE MANAGER, WOH! PHYSIO - GET WELL,
39/5884B, KUTTIKKATTU,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 76 THE MANAGER, THE PAINTINGS AND FRAMES,
G-366, PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 77 THE MANAGER, DONUT FACTORY,
NEAR MUTHOOT FIN CORP., OPP. KAIRALY APARTMENTS,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 78 THE MANAGER, HARBINGER OF SPRING,
HOUSE 22 PNRA (NEXT TO G-234),
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 79 THE MANAGER, WASSUP,G-130,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 80 SHIBU MATHAI, PESCAUNDE (P) LTD., G-130,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 81 THE MANAGER, HAIR CRAFT, KV2,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 82 THE MANAGER, EXECUTIVE EVENTS, KV-8,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 83 THE MANAGER, ETHICS, HIG-36,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 84 THE MANAGER, CUCKOOS NEST, HB-15,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 85 THE MANAGER, ADONA DIAMONDS, G-417,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
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WP(C) NO. 10130/2015
ADDL. 86 GEORGE JOSEPH ASSOCIATES, ARCHITECTS,
G-117, 1ST FLOOR, PANAMPILLY NAGAR,
ERNAKULAM 682 036.
ADDL. 87 THE MANAGER, BEE LIVE ROADIO, G-117, 2ND FLOOR,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 88 THE MANAGER, HEYYA MEDIA, G-144,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 89 THE MANAGER, CELEBRUS, G-28, 1ST FLOOR,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 90 THE MANAGER, TEAK ART, K. GEORGE TECHNOLOGY
ARCADE, G-353, PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDL. 91 THE MANAGER, CHAITHANYA EYE HOSPITAL,
OPP. G-324, K.C. ABRAHAM MASTER ROAD,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
ADDITIONAL R54 TO R91 IMPLEADED AS PER ORDER DATED 19.02.2016 IN IA NO.
2422/2016.
ADDL. 92 JAYAPRAKASH E.A., AGED 42, S/O. LATE S. ACHUTHA NAIR,
CEENET,PROPRIETOR, MIG 351,
PANAMPILLY NAGAR, COCHIN 682 036.
ADDITIONAL 92 IMPLEADED AS PER ORDER DATED 12.07.2016 IN IA 10684/2016
ADDL. 93 EDIN ANTONY K.C., S/O. K.D. CHACKO,
AGED 34 YEARS, PARTNER, M/S. RODITTE,
K.C. JOSEPH ROAD, PANAMPILLY NAGAR,
ERNAKULAM DISTRICT.
ADDITIONAL R93 IMPLEADED AS PER ORDER DATED 12.07.2016 IN IA 4627/2016
ADDL. 94 PRIME SANITARIES, G-233,
PANAMPILLY NAGAR, KOCHI- 682 036
REPRESENTED BY ITS PARTNER
P.M. MOHAMMED IBRAHIM.
ADDL. 95 UNIVERSAL AGENCIES, G-225,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY ITS PARTNER ASIF P.M.
ADDL. 96 KERALA COMMUNICATORS CABLE LIMITED,
G-39, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY AUTHORIZED SIGNATORY SREENATH V.K.
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WP(C) NO. 10130/2015
ADDL. 97 CELEBRUS COMMODITIES LTD., G-263,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY ITS ADMINISTRATIVE HEAD
ANOOP KRISHNAN.
ADDL. 98 CELEBRUS CAPITAL LTD., G-263,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY ITS ADMINISTRATIVE HEAD
ANOOP KRISHNAN
ADDL. 99 TRANZMEDIA NET VISION (P) LTD., G-263,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY THEIR ADMINISTRATIVE HEAD,
ANOOP KRISHNAN
ADDL. 100 CONCORD EXOTIC VOYAGES (I) PVT. LTD.,
G-293, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGER ANIL KUMAR V.
ADDL. 101 GREENPEPPER CONSULTING INDIA PVT. LTD.,
G-293, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGER RAJESH N.
ADDL. 102 PCS VENTURES, G-289,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGING PARTNER MR. SIBIN P.
ADDL. 103 PCS FOODS, G-289, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGING PARTNER MR. SIBIN P.
ADDL. 104 BLACKSWAN DRYCLEANERS, G-289,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGER MS. JAYA
ADDL. 105 GREEN VISTAS INFRASTRUCTURE PROJECTS
G-159, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY AUTHORISED SIGNATORY
MR. SUARABH GUVECHHA
ADDL. 106 EDSKILL VOCATIONAL TRAINING PVT. LTD.,
G-144, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGER SUDARSANA DEVI
ADDL. 107 SKILXCEL SOLUTIONS PVT. LTD., G-144,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGER, SUDARSANA DEVI
ADDL. 108 TAMANNA, REPRESENTED BY ITS PARTNER
SHERIN BECKER, G-259,
PANAMPILLY NAGAR, KOCHI 682 036
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WP(C) NO. 10130/2015
ADDL. 109 NARAYANAN PHARMA, REPRESENTED BY ITS
MANAGING PARTNER, SUNITHA SIVARAMAN
PANAMPILLY NAGAR, KOCHI 682 036
ADDL. 110 MOON DAYS, G-154,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED MANAGER, SAMUEL JOHN
ADDL. 111 CHRYSALIS COMMUNICATIONS PVT. LTD.,
G-59, PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY ITS AUTHORISED SIGNATORY,
ALBERTY CUBELIO.
ADDL. 112 NEPTUNE INTERNATIONAL, G-310,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY ITS AUTHORISED SIGNATORY
JINO JOSEPH
ADDL. 113 KALYPSO ADVENTURES (P) LTD., G-340,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY GENERAL MANAGER, VISHAL KOSHY
ADDL. 114 PAX EVENTS PRIVATE LIMITED, G-168,
PANAMPILLY NAGAR, KOCHI 682 036
REPRESENTED BY MANAGER, SUNIL JOSEPH.
ADDL. 115 SUNIL C.P., PROPRIETOR, CATHAY MARKETING &
ADVERTISING, HB-3, PANAMPILLY NAGAR, KOCHI 682 036
ADDITIONAL RESPONDENTS 94 TO 115 ARE IMPLEADED AS PER ORDER DATED
09.09.2016 IN IA NO. 14337/2016.
ADDL. 116 THE KERALA STATEELECTRICITY BOARD LTD.,
REP. BY ITS ASSISTANT EXECUTIVE ENGINEER,
GIRINAGAR SECTION, ERNAKULAM 682 020.
ADDL. 117 THE KERALA WATER AUTHORITY, REP. BY ITS
CHIEF ENGINEER, KWA OFFICE, PALLIMUKKU,
ERNAKULAM.
ADDITIONAL RESPONDENTS 116 AND 117 ARE IMPLEADED AS PER ORDER
DATED 09.09.2016 IN IA NO. 14291/2016.
ADDL. 118 TEAM ONE ADVERTISING COMPANY P. LTD.,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 119 LINKNET SOLUTIONS, HIG - 38, CROSS ROAD NO. 10,
PANAMPILLY NAGAR, KOCHI - 682 036 REP. BY ITS
AUTHORISED SIGNATORY AND DIRECTOR
K.R. PRAMODE, AGED 53 YEARS, S/O. K.V. RAMASWAMY.
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WP(C) NO. 10130/2015
ADDL. 120 SHOBA MOHANDAS, AGED 58 YEARS,
D/O. MR. SUBRHAMANIAN, KV-5,
BUILDING NO. 56/3273,
PANAMPILLY NAGAR, ERNAKULAM
ADDL. 121 KUNHIRAMAN, AGED 72 YEARS,
S/O. MR. KRISHNAN CHETTY, KV-17,
PANAMPILLY NAGAR, ERNAKULAM
ADDL. 122 RAJAMMA JOSEPH, AGED 66 YEARS,
D/O. MR. JOSEPH MARATUKULAM, KV-4,
BUILDING NO. 56/3275, PANAMPILLY NAGAR,
ERNAKULAM.
ADDL. 123 SIBY GEORGE, WORLD VIEWER DOT.COM
INDIA PVT. LTD., G-66, ELDERS FORUM ROAD,
PANAMPILLY NAGAR, COCHIN - 36.
ADDL. 124 M.S. SANKARA IYER, G-185, 3RD CROSS ROAD,
PANAMPILLY NAGAR, COCHIN -36.
ADDL. 125 P.K. VENKITA RAMAN, G-184, VISAL,
PANAMPILLY NAGAR, COCHIN 36.
ADDL. 126 LILA MATHEW, G-116, PANAMPILLY NAGAR,
3RD CROSS ROAD, KOCHI - 682 036.
ADDL. 127 KUNJAMMA MATHEW, G-126,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 128 C.V. JACOB, AGED 53 YEARS, S/O. C.P. VARKEY,
CHAKKALAKKAL HOUSE, G-287,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 129 VIJAYA RADHKRISHNAN, G 293,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 130 JULIE JACOB C.V. JACOB, AGED 53 YEARS,
S/O. C.P. VARKEY,CHAKKALAKKAL HOUSE,
G 287, PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 131 JOHN CHERIAN, KV3, 27/327 & 27/328,
PANAMPILLY NAGAR, MAIN AVENUE,
COCHIN - 36.
ADDL. 132 K.N.G. KURUP, G59, ANANDA BHAVAN,
G59, PANAMPILLY NAGAR, KOCHI - 682 036.
13
WP(C) NO. 10130/2015
ADDL. 133 JAIN HOUSING AND CONSTRUCTIONS LTD.,
G-361, MAIN AVENUE, PANAMPILLY NAGAR,
COCHIN 682 036.
ADDL. 134 SHINEY SEBASTIAN, MIG 386,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 135 P. RADHAKRISHNAN, G-293,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 136 AJITH KUMAR N., HB NO. 01, DTDC COURIER &
CARGO LTD., PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 137 STYLE QUOTIENT, G-214, K.C. JOSEPH ROAD,
8TH CROSS, PANAMPILLY NAGAR, COCHIN 36.
ADDL. 138 JOSE MUTHUKULAM, G 124,
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 139 RAVINDRA BABU, HB - 28
HOUSING BOARD COLONY
PANAMPILLY NAGAR, KOCHI - 682 036.
ADDL. 140 ROJER P MATHEW, S/O. P.T. MATHAI,
RESIDING AT G-203,PANAMPILLY NAGAR,
COCHIN - 682 036.
ADDL. 141 M/S. LOTUS DESTINATIONS (P) LTD., HIG-34,
10TH CROSS ROAD, PANAMPILLY NAGAR,
KOCHI - 682 036 REPRESENTED BY
ITS MANAGING DIRECTOR
ADDITIONAL R118 TO R141 IMPLEADED AS PER ORDER DATED 09.09.2016 IN IA
NOS. 13863/2016, 14379/2016, 14381/2016, 14402/2016, 14403/2016, 14486/2016,
14575/2016 AND 14641/2016.
R5 BY ADV. SRI.C.S.AJITH PRAKASH, SC,
R2 BY ADV. SRI.K.K.ANAND, SC, G.C.D.A.
R8 BY ADV. SMT.K.K.RAZIA
ADDL R140 BY ADV. SRI.A.JAYASANKAR
RADDL BY ADV. SRI.C.V.MANUVILSAN
RADDL BY ADV. SRI.MANU GOVIND
R6 BY ADV. SRI.BASIL MATHEW
Raddl BY ADV. SRI.K.I.MAYANKUTTY MATHER
Raddl BY ADV. SRI.P.P.RAMACHANDRAN
R7 BY ADV. SRI.A.KUMAR
R7 BY ADV. SRI.P.J.ANILKUMAR
R7 BY ADV. SMTG.MINI(1748)
R7 BY ADV. SRI.P.S.SREE PRASAD
R47 BY ADV. SRI.P.K.MOHAMED JAMEEL
RADDL-RR 44 BY ADV. SRI.A.T.ANILKUMAR
14
WP(C) NO. 10130/2015
R3 BY ADV. SRI.PRAVEEN K.JOY,SC,COCHIN CORPORATION
R38 BY ADV. SRI.ANIL S.RAJ
R25 BY ADV. SMT.DENNIS VARGHESE
R38 BY ADV. SMT.K.N.RAJANI
R38 BY ADV. SRI.RADHIKA RAJASEKHARAN P.
R38 BY ADV. SMT.ANILA PETER
R38 BY ADV. SRI.J.VIVEK GEORGE
R41 BY ADV. SRI.SUNIL V.MOHAMMED
R41 BY ADV. SRI.AMAL KASHA
R39 BY ADV. SRI.SAJEEV KUMAR K.GOPAL
R39 BY ADV. SMT.PARVATHY NAIR
R27 BY ADV. SRI.VISHNU BABU
R27 BY ADV. SRI.K.J.SHARATH KUMAR
R27 BY ADV. SRI.GOUTAM SURESH TAMPI
RADDL BY ADV. SRI.S.VINOD BHAT
RADDL BY ADV. SRI.LEGITH T.KOTTAKKAL
R36 BY ADV. SRI.M.JITHESH MENON
RADDL R.50 BY ADV. SRI.K.S.BABU
RADDL R.50 BY ADV. SMT.N.SUDHA
RADDL R.50 BY ADV. SRI.BABU SHANKAR
RADDL R.50 BY ADV. SRI.K.V.WINSTON
R46 BY ADV. SRI.IYPE JOSEPH
R46 BY ADV. SRI.V.MANOJ KUMAR
R2 BY ADV. SMT.NAINA RAJI NAIR
R(ADDL.47) BY ADV. SRI.V.M.KURIAN
R(ADDL.47) BY ADV. SRI.MATHEW B. KURIAN
R(ADDL.47) BY ADV. SRI.K.T.THOMAS
R25,R 28,R 29,R 31-R35,R 37,R 43,R 48 & 49,R 36,R BY ADV. SRI.ANEESH JOSEPH
R28,R 29,R 31-R35,R 37,R 43,R 48 & 49,R 36 BY ADV. SRI.NIRMAL V NAIR
R28,R 29,R 31-R35,R 37,R 43,R 48 & 49,R 36 BY ADV. SRI.RILGIN V.GEORGE
R78 BY ADV. SRI.A.A.MOHAMMED NAZIR
R73 BY ADV. SRI.T.K.RADHAKRISHNAN
R73 BY ADV. SMT.CHITHRA R.SHENOY
R73 BY ADV. SRI.A.MOHAN
R55 BY ADV. SRI.V.R.GOPU
R55 BY ADV. SRI.J.NARAYANA PILLAI
R90 BY ADV. SRI.K.S.SAJEEV KUMAR
R90 BY ADV. SRI.MOHANDAS K.CHACKO
R90 BY ADV. SRI.LALJI SAM ZACHARIAH
R88 BY ADV. DR.PAULY MATHEW MURICKEN
R86 BY ADV. SRI.JOY GEORGE
R86 BY ADV. SRI.C.X.ANTONY BENEDICT
R86 BY ADV. SMT.TANYA JOY
RADDL 71 BY ADV. SRI.K.L.NARASIMHAN
RADDL 71 BY ADV. SRI.A.MOHAMMED FAIZAL
RADDL 71 BY ADV. SRI.N.KRISHNA PRASAD
RADDL 63 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
RADDL 63 BY ADV. SRI.P.GOPINATH
RADDL 63 BY ADV. SRI.P.BENNY THOMAS
RADDL 63 BY ADV. SRI.K.JOHN MATHAI
15
WP(C) NO. 10130/2015
RADDL 63 BY ADV. SRI.KURYAN THOMAS
RADDL 63 BY ADV. SRI.NITHIN GEORGE
RADDL 63 BY ADV. SRI.JOSON MANAVALAN
RADDL 69 BY ADV. SRI.IEANS.C.CHAMAKKALA
R79 BY ADV. SRI.K.V.GOPINATHAN NAIR
R85 BY ADV. SRI. RAHUL KANDAMPULLY
R85 BY ADV. SMT.RAAGA R.RAMALAKSHMI
RADDL.R 13 BY ADV. SRI.SANTHEEP ANKARATH
RADDL.R 13 BY ADV. SRI.ARUN MATHEW VADAKKAN
R67 BY ADV. SRI.S.GOPAKUMAR
R67 BY ADV. SMT.T.M.BINITHA
R59 BY ADV. SRI.K.J.ABRAHAM
R59 BY ADV. SRI.NIKHIL JOHN
RADDLLR 92 BY ADV. SMT.R.PADMAKUMARI
R. BY ADV. SRI. K.RAJESH KANNAN - ADV. COMMR(B/O)
RADDL BY ADV. SMT.P.R.REENA
RADDL BY ADV. SRI.M.V.ANANDAN
ADDL R 118 BY ADV. SRI.MOHAN PULIKKAL
RADDL R BY ADV. SMT.MANJU RAJAN
RADDL R BY ADV. SRI.P.P.NARAYANAN
R10 BY ADV. SRI.MILLU DANDAPANI
R83 BY ADV. SRI.T.G.RAJENDRAN
R83 BY ADV. SRI.T.R.TARIN
RADDL.94-R115 BY ADV. SRI.M.K.DAMODARAN (SR.)
RADDL.94-R115 BY ADV. SRI.ALAN PAPALI
RADDL.94-R115 BY ADV. SRI.VIZZY GEORGE KOKKAT
RADDL.94-R115 BY ADV. SRI.GILBERT GEORGE CORREYA
R11-R15 & ADDL. BY ADV. SRI.JOHN VARGHESE
ADDL.R128 TO 138 BY ADV. SRI.S.SREEKUMAR (SR.)
RADDL. BY ADV. SRI.P.MARTIN JOSE
RADDL. BY ADV. SRI.P.PRIJITH
RADDL. BY ADV. SRI.THOMAS P.KURUVILLA
RADDL. BY ADV. SRI.BIJU .C. ABRAHAM
R9 & ADDL. R119 BY ADV. SRI.P.JAYABAL MENON
R9,R61,R62,R65,R66 & 80,RADDL. BY ADV. SRI.JAGAN ABRAHAM M.GEORGE
RADDL.. BY ADV. SRI.P.SANJAY
RADDL.. BY ADV. SMT.A.PARVATHI MENON
R25,R95 BY ADV. SRI.M.RAMESH CHANDER (SR.)
R95 BY ADV. SMT.K.A.SANJEETHA
R95 BY ADV. SRI.JOHN THITHEEMOS
R BY GOVERNMENT PLEADER SRI. SUNIL KUMAR KURIAKOSE
R BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
R BY SRI.GEORGE BOBAN, SC, K.S.H.B.
R BY SRI.C.S.AJITH PRAKASH, SC, COCHIN SHIPYARD STAFFC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2017,
ALONG WITH WPC. 9134/2016, WPC. 24928/2016, WPC. 25989/2016, WPC.
27751/2016, WPC. 27762/2016, WPC. 27784/2016, WPC. 27872/2016, WPC.
28154/2016, WPC. 28417/2016, THE COURT ON 06.01.2017 DELIVERED THE
FOLLOWING:
16
WP(C) NO. 10130/2015
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1TRUE COPY OF GO(MS) 290/69/DO DTD 15-10-69
EXT.P2TRUE COPY OF EXTRACT OF DTP FOR ELAMKULAM WEST
EXT.P3TRUE COPY OF PLAN
EXT.P4TRUE COPY OF MINUTES OF MEETING DTD 20-02-85
EXT.P5TRUE COPY OF SALE DEED DTD 7-4-81
EXT.P6TRUE COPY OF NOC DTD 23-11-85
EXT.P7TRUE COPY OF PRESENT PLAN BY USER
RESPONDENT(S)' EXHIBITS
EXHIBIT R2(a) A DETAILED LAY OUT PLAN PREPATED ALONG WITH THE SCHEME,
SHOWING THE NATURE OF THE USER OF THE VARIOUS PLOTS TO
BE CREATED UNDER THE SCHEME
EXHIBIT R2(b) TRUE COPY OF THE CIRCULAR NO. 51227/E3/99/LSGD DATED
05.12.1999
EXHIBIT R2(c) TRUE COPY SALE DEED AND TRUE COPY OF ONE OF THE SALE
DEEDS EXECUTED BETWEEN THE GCDA AND ADDITIONAL 50TH
RESPONDENT
EXHIBIT R3(a) THE TRUE PHOTOCOPY OF THE RESOLUTION WITH NO. 1(a)
DATED 18.08.2016 OF COCHIN CORPORATION
EXHIBIT R3(b) THE TRUE PHOTOCOPY OF THE LETTER DATED 25.08.2016 OF
COCHIN CORPORATION TO CHIEF TOWN PLANNER, TRIVANDRUM.
EXHIBIT R6(a) COPY OF THE BUILDING TAX PAID RECEIPT ISSUED BY THE
CORPORATION OF KOCHI
EXHIBIT R6(b) COPY OF THE REGISTERED LEASE DEED BEARING NO. 2207/2014
OF SRO ERNAKULAM
EXHIBIT R6(c) COPY OF THE RECEIPT ISSUED BY THE CORPORATION OF KOCHI
EXHIBIT R6(d) COPY OF DEMAND NOTICE ISSUED BY THE CORPORATION OF
KOCHI
EXHIBIT R6(e) COPY OF THE BUILDING TAX PAID RECEIPT ISSUED BY THE
CORPORATION OF KOCHI AS PER THE COMMERCIAL TARIFF.
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WP(C) NO. 10130/2015
EXHIBIT R6(f) COPY OF THE PROFESSION TAX - OFFICIAL RECEIPT ISSUED BY
THE CORPORATION OF COCHIN
EXHIBIT R6(g) COPY OF GO(MS) NBO. 143/07.LSGD "STRUCTURE PLAN (GENERAL
TOWN PLANNING SCHEME) FOR CENTRAL CITY OF KOCHI"
EXHIBIT R6(h) REPRESENTATIONSUBMITTED BY VARIOUS OWNERS OF THE
RESIDENTIAL PLOTS OF ELAMKULAM WEST SCHEME BEFORE THE
CHIEF MINISTER OF KERALA
EXHIBIT R7(A) A TRUE COPY OF THE SALE DEED NO. 877/1980 DATED 15.03.1980
EXHIBIT R7(b), R7(c) & R7(d) A TRUE COPY OF THE RECEIPTS FOR THE FEECOLLECTED
FOR D&o AND TRADE LICENSE ISSUED BY THE CORPORATION
FOR THE YEARS 2014-2015, 2015-2016 AND 2016-2017
EXHIBIT R9(a) PHOTOSTAT COPY OF THE LATEST BUILDING TAX RECEIPT
ISSUED BY THE CORPORATION OF KOCHI DATED 01.09.2015.
EXHIBIT R9(b) PHOTOSTAT COPY OF THE CONSENT AND THE BUILDING PERMIT
FROM THE CORPORATION.
EXHIBIT R9(c) PHOTOSTAT COPY OF THE STRUCTURAL PLAN (GENERAL TOWN
PLANNING SCHEME) FOR CENTRAL CITY OF KOCHI
EXHIBIT R9(d) PHOTOSTAT COPY OF THE REPRESENTATION TO VARY THE
SCHEME.
EXHIBIT R9(e) PHOTOSTAT COPY OF THE RESOLUTION OF THE 3RD COCHIN
CORPORATION DATED 18.08.2016 REQUESTING THE
GOVERNMENT TO CONVERT THE SCHEME AREA INTO A MIXED
ZONE.
EXHIBIT R9(f) PHOTOSTAT COPY OF THE LICENSE ISSUED BY THE 3RD
RESPONDENT DATED 31.01.2013 & 25.02.2015.
EXHIBIT R9(g) PHOTOSTAT COPY OF THE PROFESSIONAL TAX PAID TO THE 3RD
RESPONDENT CORPORATION
EXHIBIT R21(a) TRUE COPY OF THE LICENCE ISSUED BY THE 3RD RESPONDENT
FOR THE YEAR 2010-11 DATED 09.07.2010.
EXHIBIT R21(b) TRUE COPY OF THE LICENCE ISSUED BY THE 3RD RESPONDENT
FOR THE YEAR 2013-14 DATED 18.10.2013.
EXHIBIT 21(c) TRUE COPY OF THE LICENCE ISSUED BY THE 3RD RESPONDENT
FOR THE YEAR 2014-15 DATED 21.10.2014
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WP(C) NO. 10130/2015
EXHIBIT 21(d) TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT
DATED 27.02.2015 FOR THE YEAR 2015-16.
EXHIBIT 21(e) TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT
DATED 27.02.2015 FOR THE YEAR 2016-17.
EXHIBIT R25(a) PHOTOSTAT COPY OF THE RENT DEED
EXHIBIT R25(b) PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 11.12.2014.
WP(C) NO. 10130/2015
EXHIBIT R25(c) PHOTOSTAT COPY OF THE CERTIFICATE OF REGISTRATION.
EXHIBIT R25(d) PHOTOSTAT COPY OF THE APPLICATION TO THE CORPORATION
DATED 24.04.2015.
EXHIBIT R25(e) PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE
CORPORATION
EXHIBIT R25 (f) PHOTOSTAT COPY OF THE LICENSE GIVEN BY THE
CORPORATION.
EXHIBIT R28(a) THE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE KOCHI CORPORATION.
EXHIBIT R28(b) THE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION.
EXHIBIT R29(a) THE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE KOCHI CORPORATION
EXHIBIT R29(b) THE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R31(a) THE PHOTOCOPY OF THE RECEIPT ISSUED BY THE
CORPORATION OF KOCHI
EXHIBIT R32(a) THE PHOTOSTAT COPY OF THE LICENSE FROM INDUSTRIES
DEPARTMENT
EXHIBIT R33(a) THE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R33(b) THE PHOTOSTAT COPY OF THE LICENSE ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R34(a) THE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE KOCHI CORPORATION
19
WP(C) NO. 10130/2015
EXHIBIT R34(b) PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R36(a) THE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE KOCHI CORPORATION
EXHIBIT R36(b) THE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R37(a) PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R41(a) TRUE COPY OF THE LATEST LEASE DEED DATED 15.05.2015
EXHIBIT R41(b) TRUE COPY OF THE NOC DATED 09.08.2011 ISSUED BY THE
LANDLORD
EXHIBIT R41(c) TRUE COPY OF THE RECEIPT OF LICENSE FEE FOR THE PERIOD
2011-012.
EXHIBIT R41(d) TRUE COPY OF THE RECEIPT OF LICENCE FEE FOR THE PERIOD
2012-2013 AND 2013-2014 ISSUED BY THE CORPORATION OF
COCHIN
EXHIBIT R41(e) TRUE COPY OF THE RECEIPT OF LICENCE FEE FOR THE PERIOD
2014-2015 ISSUED BY THE CORPORATION OF COCHIN.
EXHIBIT R41(f) TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE
SUBMITTED BY THE 41ST RESPONDENT
EXHIBIT R43(a) THE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THIS
RESPONDENT
EXHIBIT R44(a) THE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE KOCHI CORPORATION
EXHIBIT R44(b) THE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION.
EXHIBIT R47(a) THE TRUE COPY OF THE RENEWED RECOGNITION GRANTED BY
MINISTRY OF TOURISM, GOVT. OF INDIA DATED 12.03.2014 WITH
VALIDITY UPTO 10.03.2019
EXHIBIT R47(b) THE TRUE COPY OF THE RELEVANT PAGE OF APPLICATION FOR
RENEWALAS AN APPROVED INBOUND TOUR OPERATOR SHOWING
BRANCH OFFICES
EXHIBIT R47(c) THE TRUE COPY OF THE PROFESSIONAL TAX RECEIPT ISSUED BY
THE 3RD RESPONDENT DATED 03.11.2011.
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WP(C) NO. 10130/2015
EXHIBIT R47(d) THE TRUE COPY OF THE PROFESSIONAL TAX RECEIPT ISSUED BY
THE 3RD RESPONDENT DATED 25.09.2006.
EXHIBIT R47(e) THE TRUE COPY OF THE PROFESSIONAL TAX RECEIPT ISSUED BY
THE 3RD RESPONDENT DATED 27.08.2014.
EXHIBIT R47(f) THE TRUE COPY OF THE ORDER OF TRANSFER DATED 10.06.2002.
EXHIBIT R49(a) THE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE KOCHI CORPORATION
EXHIBIT R49(b) PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THIS
RESPONDENT
EXHIBIT R49(c) THE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE KOCHI
CORPORATION
EXHIBIT R51(a) COPY OF INVOICE/BILL NO. 789534 DATED 01.08.2014 ISSUED BY
KERALA STATEELECTRICITY BOARD IN RESPECT OF CONSUMER
NO. 10882
EXHIBIT R51(b) COPY OF INVOICE/BILL NO. 789535 DATED 01.08.2014 ISSUED BY
KERALA STATEELECTRICITY BOARD IN RESPECT OF CONSUMER
NO. 10883
EXHIBIT R51(c) COPY OF INVOICE/BILL NO. 789536 DATED 01.08.2014 ISSUED BY
KERALA STATEELECTRICITY BOARD IN RESPECT OF CONSUMER
NO. 15564
EXHIBIT R51(d) COPY OF INVOICE/BILL NO. 10372138 DATED 19.11.2014 ISSUED BY
KERALA WATER AUTHORITY IN RESPECT OF METER NO. SJ 20263
EXHIBIT R51(e) COPY OF INVOICE/BILL NO. 10372139 DATED 19.11.2014 ISSUED BY
KERALA WATER AUTHORITY IN RESPECT OF METER NO. 8682
EXHIBIT R61(a) PHOTOSTAT COPY OF THE LEASE DEED DATED 18.06.2015
EXHIBIT R61(b) PHOTOSTAT COPY OF THE APPLICATION DATED 13.07.2015
SUBMITTED BY THIS RESPONDENT TO THE 3RD RESPONDENT
CORPORATION FOR ISSUANCE OF LICENCE
EXHIBIT R61(c) PHOTOSTAT COPY OF THE CONSENT LETTER ISSUED BY THE
LAND LORD, FOR THE PURPOSE OF OBTAINING LICENSE FROM
THE CORPORATION FOR THIS RESPONDENT
EXHIBIT R61(d) PHOTOSTAT COPY OF THE LATEST PROPERTY TAX FOR
THE ROOMS UNDER THE POSSESSION OF THIS RESPONDENT
SHOWING THAT COMMERCIAL RATES ARE CHARGED.
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WP(C) NO. 10130/2015
EXHIBIT R61(e) PHOTOSTAT COPY OF THE LATEST ELECTRICITY BILL ISSUED BY
THE KSEB SHOWING THAT COMMERCIAL RATES ARE CHARGED.
EXHIBIT R61(f) PHOTOSTAT COPY OF THE LATEST BILL ISSUED BY THE KERALA
WATER AUTHORITY SHOWING WATER CHARGES ARE THAT THESE
ARE LEVIED UNDER COMMERCIAL RATES.
EXHIBIT R62(a) SERIES PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPTS
DATED 20.07.2015 & 25.07.2015 EVIDENCING THAT IT IS
LEVIED AT COMMERCIAL RATES.
EXHIBIT R62(b) PHOTOSTAT COPY OF THE KSEB ELECTRICITY BILL EVIDENCING
THAT IT IS LEVIED AT COMMERCIAL RATES.
EXHIBIT R62(c) PHOTOSTAT COPY OF THE RECEIPT SHOWING THE PAYMENT
MADE TO KERALA WATER AUTHORITY EVIDENCING THAT IT IS
LEVIED AT COMMERCIAL RATES.
EXHIBIT R62(e) PHOTOSTAT COPY OF THE PROFESSIONAL TAX BY THE 3RD
RESPONDENT.
EXHIBIT R66(a) PHOTOSTAT COPY OF THE RENT DEED
EXHIBIT R66(b) PHOTOSTAT COPY OF THE LATEST PROPERTY TAX RECEIPT
ISSUED BY THE CORPORATION OF COCHIN SHOWING THAT
RATES ARE LEVIED UNDER COMMERCIAL RATES.
EXHIBIT R66(c) PHOTOSTAT COPY OF THE LATEST ELECTRICITY BILL ISSUED BY
THE KSEB SHOWING THAT RATES ARE LEVIED UNDER
COMMERCIAL RATES.
EXHIBIT R69(1) PHOTOSTAT COPY OF THE PROFESSIONAL TAX RECEIPTS DATED
28.03.2016 ON BEHALF OF THE COMPANY AND ON BEHALF OF ITS
EMPLOYEES ISSUED BY THE CORPORATION OF KOCHI.
EXHIBIT R78(a) TRUE COPY OF THE LICENSE ISSUED BY COCHIN CORPORATION
FOR THE PERIOD 2015-2016 RELATING TO RESPONDENT NO. 78
DATED 12.05.2015.
EXHIBIT R80(a) PHOTOSTAT COPY OF THE RENT DEED
EXHIBIT R80(b) PHOTOSTAT COPY OF THE CERTIFICATION OF REGISTRATION,
DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA.
EXHIBIT R80(c) PHOTOSTAT COPY OF THE IMPORTER EXPORTER CODE (IEC)
ISSUED BY THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE
EXHIBIT R80(d) PHOTOSTAT COPY OF THE LATEST ELECTRICITY BILL ISSUED BY
THE KSEB SHOWING THAT RATES ARE LEVIED UNDER
COMMERCIAL RATES
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WP(C) NO. 10130/2015
EXHIBIT R80(e) PHOTOSTAT COPY OF THE LATEST WATER CHARGES ISSUED BY
THE KERALA WATER AUTHORITY SHOWING THAT RATES LEVIED
UNDER COMMERC RATES.
ANNEXURE A1 TRUE COPY OF LICENCE DATED 13.10.2015 ISSUED BY THE 3RD
RESPONDENT IN THE WRIT PETITION.
EXHIBIT R83(A) TRUE COPY OF THE JUDGMENT IN WA
EXHIBIT R83 (B) TRUE COPY OF THE TITLE DEED
EXHIBIT R85(a) A TRUE COPY OF THE LICENSE NO. 40/C12/2008-09 ISSUED BY THE
CORPORATION OF KOCHI
EXHIBIT R85(b) A TRUE COPY OF THE RECEIPT DATED 30.10.2008 ISSUED BY THE
CORPORATION OF COCHIN FOR LICENSE FEES OF RS.250/-
EXHIBIT R85(c) A TRUE COPY OF THE LATEST PROFESSION TAX RECEIPT DATED
24.02.2016 ISSUED BY THE REVENUE DEPARTMENT OF THE KOCHI
CORPORATION.
EXHIBIT R94(a) TRUE COPY OF N OTICE DATED 22.07.2016.
EXHIBIT R94(b) TRUE COPY OF THE REPLY DATED 04.08.2016 SUBMITTED BY THE
94TH ADDL. RESPONDENT
EXHIBIT R94(c) TRUE COPY OF THE COUNTER RECEIPT DATED 15.09.2015 ISSUED
BY THE CORPORATION OF COCHIN
EXHIBIT R94(d) TRUE COPY OF THE RECEIPT 05.08.2015 EVIDENCING PAYMENT
OF TAX
EXHIBIT R95(a) A TRUE COPY OF THE SALE DEED NO. 271/2004 OF SRO,
ERNAKULAM
EXHIBIT R95(b) A TRUE COPY OF RECEIPT NO. 4244 DATED 25.02.2016 ISSUED BY
THE CORPORATION OF COCHIN.
EXHIBIT R95(c) A TRUE COPY OF SALE DEED NO. 5495/1993 SRO ERNAKULAM
EXECUTED BY THE 2ND RESPONDENT IN FAVOUR OF SRI. C.E.
ANTONY THAKARAKAN
EXHIBIT R95(d) TRUE COPY OF SALE DEED NO. 1842/1994 OF SRO ERNAKULAM
EXECUTED BY SRI. C.E. ANTONY THAKARAKAN IN FAVOUR OF SRI.
GEORGE MANI.
EXHIBIT R115(a) TRUE COPY OF THE RESOLUTION PASSED BY CORPORATION OF
KOCHI DATED 18.08.2016.
23
WP(C) NO. 10130/2015
EXHIBIT R115(b) TRUE COPY OF THE CERTIFICATE DATED 28.01.2004 ISSUED BY
3RD RESPONDENT TO M/S NEPTUNE INTERNATIONAL G-310,
PANAMPILLY NAGAR
EXHIBIT R115 (c) TRUE COPY OF THE GOVERNMENT ORDER DATED 27.02.2012 ABD
SUBSEQUENT ORDERS DATED 23.01.2013, 24.07.2013, 11.02.2014,
15.07.2014, 18.02.2015, 18.04.201515.12.2015, 08.02.2016 AND
04.003.2016.
/TRUE COPY/
P.A. TO JUDGE.
'C.R.'
V.CHITAMBARESH, J.
---------------------
W.P (C) No.10130 of 2015 &
W.P (C) Nos.9134, 24928, 25989, 27751,27762,
27784, 27872, 28154 & 28417 of 2016
---------------------
Dated this the 6th day of January, 2017
J U D G M E N T
'Rob Paul to pay Peter' seems to be the attitude of the State Government in acquiring valuable property in the heart of Ernakulam for housing scheme allegedly to ease out the problem of residential accommodation by paying a pittance as compensation and thereafter permitting the allottees and their transferees to set up commercial establishments. I shall refer to the exhibits in W.P (C) No.10130/2015 filed by the residents of the housing colonies for the sake of convenience since the other writ petitions are an off- shoot of the main writ petition challenging the coercive steps taken by the authorities in implementation of the interim orders therein.
2. The State Government by Ext.P1 notification accorded sanction for a Detailed Town Planning Scheme ['DTP Scheme' for short] for Elamkulam West under Section 12 (5) of the Town Planning Act, 1932. Ext.P2 DTP Scheme accordingly sponsored by the second respondent Greater Cochin Development Authority ['GCDA' WP(C) No. 10130/2015 & connected cases 2 for short] inter alia stated as follows:-
"The problem of housing is very acute in Ernakulam. As a measure for relieving the housing shortage, this area is suggested for proper development. Based on the development plans for the city under preparation in this area, it is proposed to achieve a residential density upto 80 persons per acre. The Scheme may mainly help the lower income strata of the society. The policy is to retain the existing dwellings as far as possible except huts. All vacant lands within the scheme area have to be put to development in a minimum period. Acquisition of land, which is not fully built up is envisaged in the Scheme. Families displaced on account of the implementation of the Scheme would be given alternate accommodation within the scheme area. Out of the areas earmarked for acquisition in the Scheme for planned residential development, building plots may be released to the owners who could construct houses as per the provisions of the Scheme. Area acquired will be developed and disposed of by the Joint Town Planning Committee.
It is expected that about 1830
dwelling units could be made available
under the housing schemes included in the plan." (emphasis supplied) An extent of 8.78 acres of land was earmarked for public uses such as shops and schools and 65.83 acres WP(C) No. 10130/2015 & connected cases 3 was earmarked for planned residential development out of the total area of 97.15 acres to be acquired.
3. The draft scheme appended to Ext.P2 DTP Scheme is categoric that 'shops and business premises will not be permitted except in areas specified for the same' wherein retail trade could be carried on. Ext.P3 lay out plan prepared and duly approved by the Chief Town Planner clearly depicts the permissible nature of user of the plots under the DTP Scheme. Ext.P4 minutes of the meeting of the Planning Committee of GCDA reflect that only 16 families have been rehabilitated within the scheme area in the process of acquisition. Ext.P4 minutes also reveal that lands have been allotted to Income Tax Department, Post and Telegraph Department etc. and that the Scheme is almost completed. This is in addition to land allotted to the Housing Board and the Cochin Shipyard Staff Co-operative Housing Society of course to remain within the DTP Scheme. Ext.P5 sale deed and similar deeds executed by GCDA in favour of the allottees specify that the land shall not be used except for residential purposes. The scope and ambit of this very Scheme has been dealt with in Philip WP(C) No. 10130/2015 & connected cases 4 George v. State of Kerala and others [2014 (2) KLT 116] wherein it is observed as follows:-
"20. On a consideration of the legal provisions, therefore, it is apparent that in an area that has been developed in accordance with a scheme, that was validly prepared and duly notified in accordance with the provisions of the Town Planning Act, future construction must adhere to the terms of the scheme and the plan approved thereunder. This must be so unless and until the scheme itself is varied or altered by the State Government. This position will assume greater rigour if the land comprised in the area, covered by the scheme in question, has itself been acquired through land acquisition proceedings for the purposes of the scheme. The mandate and purport of the scheme assumes the nature of a law that regulates future construction in the area and must bind subsequent purchasers of such land and users thereof.
...........
33. .....As the provisions of the Town Planning Act impose restrictions on all persons from acting contrary to the Scheme, there cannot be a user of the land contrary to that envisaged under the scheme. This is more so in a case, such as the present, where even the acquisition of land was in public interest and in implementation of the scheme. The 3rd respondent Corporation WP(C) No. 10130/2015 & connected cases 5 and other authorities under the Town Planning Act such as the 2nd respondent are also obliged, in terms of S.17 of the Act, to require persons to act in conformity to the scheme. Respondents 5 to 7 cannot take umbrage under the contention that the document, through which they obtained title over the land, does not disclose any restriction in respect of the use of the land. The restriction is one that is imposed through a Statute and not through a contract. It is also one they have to comply with in public interest......"
(emphasis supplied) The contention that Ext.P3 plan under the DTP Scheme was only at the draft stage has been turned down by the Division Bench in Writ Appeal No.759/2014 filed against Philip George's case (supra) as follows:-
"As already stated, as long as Ext.P2 is an approved plan under DTP Scheme, the authorities are bound to ensure that no variation can be effected to the scheme area unless the Government modifies the Scheme which apparently has not been done in the present case and none of the appellants have such a case. The contention that Ext.P2 is only a draft plan prepared for the Scheme cannot be accepted."
The Division Bench in W.A.No.759/2014 affirmed all the findings in Philip George's case (supra) and the matter WP(C) No. 10130/2015 & connected cases 6 was remanded only for the identification of a particular plot of land involved therein. It should be stated that SLP (C) No.206/2016 filed therefrom has been dismissed by the Supreme Court and the currency of the DTP Scheme is no longer in doubt.
4. The petitioners contend that their peaceful living in the housing colony is prejudicially affected by the unauthorised functioning of 500 and odd commercial establishments. Large scale conversion of user from residential to commercial in area zoned as 'residential' under the DTP Scheme is complained of by the petitioners. The Writ Petition has been filed impleading the respondents in a representative capacity and notice was taken by paper publication as permitted under Rule 148 of the High Court Rules. The number of respondents who have got themselves impleaded pursuant to the paper publication exceed 100 and a few of them have filed counter affidavits to the writ petition. This Court by interim order dated 30.3.2015 restrained the GCDA as well as the third respondent Corporation of Cochin from granting permission to convert the residential units to commercial units. The Corporation WP(C) No. 10130/2015 & connected cases 7 by not considering any new application for licence tacitly permitted the traders to avail of the benefit of the deeming provisions. This Court by order dated 8.1.2016 clarified that no applicant for fresh licence would get the benefit of the deeming provisions in order to carry on trade in residential areas. The Advocate Commissioner deputed by this Court has reported that many of the commercial establishments are operated even without licence. The report dated 20.6.2016 of the Advocate Commissioner is an eye opener to the illegal activities being carried on in the residential area of the DTP Scheme. Some of the commercial establishments are even operated by converting the garage spaces or integrating the garage spaces with the commercial units. The petitioners point out that ATMs (Automated Teller Machines) have been installed in garages and the owners park their cars on the road impeding the traffic. Sleepless nights are spent when restaurants function till mid- night and the sound of the grinders causes noise pollution according to the petitioners.
5. The locus standi of the petitioners to file a WP(C) No. 10130/2015 & connected cases 8 writ petition of this nature is beyond dispute as held in Bangalore Medical Trust v. B.S.Mudappa and others [AIR 1991 SC 1902]. It was held as follows:-
"Violation of the rule of law either by ignoring or affronting the individual, or action of the executive in disregard of the provisions of law raises substantial issue of accountability of those entrusted with responsibility of the administration. It furnishes enough cause of action either for individual or community in general to approach by way of writ petition and the authorities cannot be permitted to seek shelter under cover of locus standi nor can they be heard for restraint in exercise of the discretion as grave issues of public concern outweigh such considerations."
(emphasis supplied) The question regarding large scale misuse of buildings in residential zones in a planned development area again came up for consideration in R.K.Mittal and others v. State of U.P. And others [AIR 2012 SC 389]. It was held as follows:-
"52. ....... The user of a sector is provided under the Master Plan and in furtherance to Regulations and the provisions of the Act. It is incapable of being administratively or executively altered. The lessees, who have changed the WP(C) No. 10130/2015 & connected cases 9 user contrary to law, are liable to be proceeded against as per the terms of the lease deed and the provisions of the Act.
53. The master plan and the Zonal plan specify the user as residential and therefore these plots cannot be used for any other purpose. The plans have a binding effect in law. If the scheme/Master Plan is being nullified by arbitrary acts and in excess and derogation of the power of the Development Authority under law, the Court will intervene and would direct such authorities to take appropriate action and wherever necessary even quash the orders of the public authorites." (emphasis supplied)
6. It is trite law that the user of the land cannot be contrary to the notified development plan as held in T. Damodhar Rao Vs. S.O., Municipal Corporation, Hyderabad [AIR 1987 AP 171]. The following extract is apposite:
"The common law use and enjoyment of these ownership rights, should, therefore be subject to the requirements of the statutory law of the development plan. The directions regarding demarcations of land user contained in a development plan published under statutory authority are neither pious aspirations nor empty promises. Such declarations are legally enforcible. Those declarations imposed legal obligations on the land owners and WP(C) No. 10130/2015 & connected cases 10 the public authorities. The public authorities should enforce those obligations. If they do not, it becomes the solemn duty of the court to compel those authorities to perform their mandatory obligations." (emphasis supplied) The above decision was followed in Shasthri Nagar Colony Welfare Committee Vs. The Calicut Development Authority [2006 (1) KLT 294] to hold that user cannot be changed at the whims of the owner. Again the unauthorised commercialisation of residential plots was the subject matter in M.C. Mehta Vs. Union of India and others [(2006) 3 SCC 399]. It was held as follows:
"Such blatant misuse of properties at large scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens. Those who own the properties that are misused have also implied responsibility towards the hardship, inconvenience, suffering caused to the residents of the locality and injuries to third parties. It is, therefore, not only the question of stopping the misuser but also making the owners at default accountable for the WP(C) No. 10130/2015 & connected cases 11 injuries caused to others. Similar would also be the accountability of errant officers as well since, prima facie, such large scale misuser, in violation of laws, cannot take place without the active connivance of the officers." (emphasis supplied) There can be no doubt that the right of the petitioners to lead a peaceful life in an exclusively residential lay out has been trampled upon by the authorities in turning a blind eye to the change of user.
7. The G.C.D.A. concedes that the Scheme was to provide for planned residential development and that a covenant has been entered into in that regard while handing over the plots. The blame is however put on the Corporation of Cochin ('Corporation' for short) in granting development permits and building permits contrary to the DTP Scheme. It is stated that the applications for such permits are now being dealt with by the Corporation pursuant to Ext.R2(b) circular issued by the government. The Corporation takes the stand that it has permitted commercial user in plots zoned for residential purposes 'in view of the exponential growth of Kochi over the years'. The WP(C) No. 10130/2015 & connected cases 12 Corporation contends that the Town Planning Act, 1932 ('the Act' for short) does not survive after the 74th amendment to the Constitution of India. It is the case of the Corporation that the DTP Scheme framed under the Act is no longer in force disabling the grant of permits for commercial use. Reliance is placed on the Structure Plan (General Town Planning Scheme) for Central City of Kochi to assert that the existing schemes have been varied. It is also pointed out that the Corporation has passed a resolution to convert the 'Elamkulam west Extension Scheme' into a mixed user zone and that the same is pending with the government.
8. The respondents who support the stand of the Corporation rely on Shivaprasad Vs. State of Kerala [2011 (1) KLT 690] followed in Abdul Kabeer Vs. Malappuram Municipality [2012 (3) KLT 106]. But the impact of the two decisions has well been considered in Philip George's case (supra) to hold that the existing Town Planning Schemes are not inoperative. It was held as follows:
"The decision in V. Shivaprasad's case (supra), which is merely followed in Abdul Kabeer's case (supra), clearly WP(C) No. 10130/2015 & connected cases 13 indicates that the inconsistency dealt with therein is with regard to the provisions under the Town Planning Act and the later Municipality Act with regard to the preparation of General Town Planning Schemes and Detailed Town Planning Schemes. The automatic supercession of all schemes framed and implemented under the Town Planning Act is not contemplated by the said judgment. In fact, the judgment makes it clear that till such time as detailed development plans with respect to spatial planning envisaged under the Municipality Act, 1994 are prepared, recourse can be had by the Municipalities including Municipal Corporations to the existing Town Planning Schemes and Detailed Town Planning Schemes to avoid a vaccuum." (emphasis supplied) Moreover Article 243W of the Constitution is only an enabling provision and does not obligate the government to provide for such a statute as held in Shanthi G. Patel Vs. State of Maharashtra [(2006) 2 SCC 505]. It was held as follows:
"Thus Article 243W contains merely an enabling provision, and it does not mean that the State is obligate to provide for such a statute. The Constitution (Seventy fourth Amendment) Act, in any event, does not envisage that the existing laws would become non operative or a vaccuum would be created in the matter of enforcement of WP(C) No. 10130/2015 & connected cases 14 existing laws relating to urban planning and/or regulation of land use and the construction of buildings etc. The existing provisions of the statute which governed the field, in our opinion, unless a statute is enacted by the State Legislature in terms of Article 243W of the Constitution would continue to operate in the field." (emphasis supplied) The conclusion therefore is that Ext.P2 Scheme framed under the Act holds the field in the absence of detailed development plans as per the law enacted under Article 243W of the Constitution of India.
9. It is relevant to mention that W.A. No. 1023/2011 filed by the State and others against the decision in Shivaprasad's case was disposed of taking note of the subsequent developments. The fact that the Kerala Town and Country Planning Act, 2016 ('the Country Act' for short) was enacted and come into force with effect from 23.09.2013 was noticed. But neither Ext.P2 Scheme nor Ext.P3 plan was revised as envisaged under Section 50 of the Country Act following the procedures laid down therein. The plea of the respondents is that the same ought to have been done within a period of ten years from the date of its WP(C) No. 10130/2015 & connected cases 15 sanction in the year 1969. Such a contention does not lie in the mouth of the respondents in view of Section 113 (2)(iii) of the Country Act itself which is extracted hereunder:
"(iii) any appointment, rules,
bye-laws, regulations or forms made,
notifications, notice, order, scheme or
direction issued, tax, fee, fine or other penalty imposed, license, permission or exemption granted or plan prepared under the repealed enactments and in force at such commencement, shall in so far as they are not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted, as the case may be, under the provisions of this Act, until superseded, amended or modified by any appointment, rules, by-laws or regulations, notifications, notice, order, scheme, direction, tax, fee, fine or other penalty, license, permission or exemption made, issued, imposed, or granted or plans prepared, as the case may be, under this Act;" (emphasis supplied) It shall therefore be deemed that Ext.P2 Scheme and Ext.P3 plan have been sanctioned under the Country Act and that the period of ten years would begin to run from 23.09.2013 when the Country Act came into force. The Country Act in fact saves all DTP Schemes made WP(C) No. 10130/2015 & connected cases 16 under the repealed enactments which binds the parties till new development plans with respect to spatial planning are prepared in accordance with law.
10. Similarly the contention that Ext.P2 Scheme has been varied to permit various mixed users in all zones as per the Structural Plan (General Town Planning Scheme) for Central City of Kochi is puerile. A bare reading of Clause 4.1 thereof dealing with the nature of regulations would reveal the fallacy of argument and the same is extracted hereunder:
"Zoning regulations have to be enforced for effecting the plan proposes and guiding the built form, uses and densities in different planning areas of the Central City. But these regulations are not intended to prohibit existing uses that have been lawfully established prior to the enforcement of these regulations"
(emphasis supplied) Again coming to clause 4.13 dealing with other special provisions, in sub clause (v) thereof, it is clarified that the Schemes or the development plans if any will prevail over these Regulations thus:
"Regulation of construction on the
sites of new roads/roads proposed for
widening as per the scheme shall be
WP(C) No. 10130/2015 & connected cases 17 governed by the distance from the centre line of the road, unless otherwise specified in the General Town Planning Schemes or Detailed Town Planning Schemes or any detailed road alignments approved by the Chief Town Planner. The provisions of Detailed Town Planning Schemes or Area Development Plans if any will prevail over these regulations". (emphasis supplied) It is abundantly clear therefore that the provisions regarding zoning operations contained in any Detailed Town Planning Schemes will prevail over the Structural Plan for all purposes.
11. The resolution if any passed by the Corporation on Ext.P2 Scheme is only in the nature of a representation to the government and does not alter the same to any extent. It is also settled in Philip George's case (supra) that the provisions of the Town Planning Scheme will prevail over the Kerala Municipality Building Rules, 1999. It has been held as follows:
"Further, Rule 3A of the KMBR, which came into effect from 16.12.2009, clarifies that wherever a Town Planning Scheme under a Town Planning Act is in force, the provisions or regulations thereunder shall prevail over the respective provisions of WP(C) No. 10130/2015 & connected cases 18 the KMBR. Thus, the Secretary of a Municipal Corporation, while issuing building permits in terms of the KMBR is statutorily obliged to ensure that the construction, in respect of which the permit is issued, does not breach the provisions of any law. A validly formed and duly notified scheme under a Town Planning Act would come within the ambit of the term 'other law' for the purposes of Rule 11 of the KMBR and this aspect has been clarified through the insertion of Rule 3A in the KMBR with effect from 16.12.2009". (emphasis supplied) Also the restrictive covenant in the sale deed to the original allottees as regards the enjoyment of the property would bind the subsequent purchasers also as it is statutory in nature. It has been reiterated in Philip George's case (supra) as follows:
"The mandate and purport of the scheme assumes the nature of law that regulates future construction in the area and must bind subsequent purchasers of such land and users thereof. .......
As the provisions of Town Planning Act impose restrictions on all persons from acting contrary to the scheme, there cannot be a user of the land contrary to that envisaged under the Scheme. ....... Respondents 5 to 7 cannot take umbrage under the contention that the document, WP(C) No. 10130/2015 & connected cases 19 through which they obtained title over the land, does not disclose any restriction in respect of the use of the land. The restriction is one that is in force through a statute and not through a contract. It is also one they have to comply with in public interest." (emphasis supplied)
12. One another contention raised by the respondents is based on the doctrine of 'desuetude' on the ground that Ext.P2 Scheme was never implemented and has fallen into disuse. It should not only be shown that the law has not been enforced for a considerable period of time but also that there has been a contrary practice for the doctrine to apply. Even a period of 30-35 years was held to be not considerable for the doctrine to apply in Monnet Ispat and Energy Ltd. Vs. Union of India and others [(2012) 11 SCC 1]. The above decision is followed in Davis and another Vs. Martin and others [2014 (2) KLJ 402] affirming that the doctrine of desuetude is not a favoured concept. It transpires that Ext.P2 Scheme was being implemented even as late as on 02.09.2013 by the allotment of plots thereunder to a successful tenderer. The plea of the doctrine of desuetude has merely to be stated and WP(C) No. 10130/2015 & connected cases 20 rejected especially when a contrary practice for a considerable period is not proved. There can also be no estoppel against a statute to import the plea of acquiescence as has been held in Unniraja and others Vs. K.P. Gurudas [2014 (1) KHC 473]. That promissory estoppel has no role is reiterated in Maharshi Dayanand University Vs. Surjeet Kaur and others [(2010) 11 SCC 159] as follows:
"There can be no estoppel/promissory estoppel against the legislature in the exercise of the legislative function nor can the government or public authority be debarred from enforcing a statutory provision. Promissory estoppel being an equitable doctrine, must yield when the equity so requires". (emphasis supplied) No question of waiver of the rights also arises since the writ petition is rested on the fundamental rights guaranteed to the petitioners under Article 21 of the Constitution of India. The right to privacy as well as the right to live in a clean environment of the petitioners are valuable which cannot be put down on the ground of waiver or estoppel.
13. A Government Order - G.O.(Ms) No. 306/2015/LSGD dtd. 29.09.2015 - passed during the WP(C) No. 10130/2015 & connected cases 21 pendency of the writ petitions is propped up by the respondents (though not produced). It is the case of the respondents that all sanctioned DTP Schemes in the State have been varied to allow any and all activity in whatever space zoned under such schemes. It is beyond comprehension as to how such an omnibus order can be issued when at best 'a' plan sanctioned could be varied under Section 50 of the Country Act. Each plan has to be considered separately for review or revision and the exercise can be done only as per the procedure laid down under Section 50 of the Country Act. However 'specific regulations in the Detailed Town Planning Scheme for such lands shall continue to be applicable' as per the proviso to clause D of the Government Order. It reads:
"Provided that development restrictions, if any, imposed because of other Acts/Rules/Notifications in such lands as well as specific regulations if any, in the Detailed Town Planning Scheme for such lands like regulations for heritage conservation etc. shall be applicable."
Ext.P2 Scheme is a DTP Scheme designed specifically in order to provide housing and cautions that 'shops and WP(C) No. 10130/2015 & connected cases 22 business premises will not be permitted except in areas specified for the same'. The above Government Order obviously does not apply to Ext.P2 Scheme in view of the proviso to clause D thereof which has also come into existence pending lis. This may perhaps be the reason as to why neither the government nor the GCDA nor even the Corporation rely on the same and is pressed into service by others only.
14. What remains for consideration is the impact of the Kerala Municipality (Dangerous and Offensive Trade and other Trade Licensing) Rules, 2011 in regard to the activities in the area. The implementation of the above Rules was initially stayed by the Government which order has admittedly not been extended beyond 31.07.2016 as submitted. Even otherwise the provisions of Section 575 (2)(ii) of the Kerala Municipality Act, 1994 provides for just such a scenario and no one can conduct any trade without obtaining a license. The very question has been considered by this Court in George Vs. Thodupuzha Municipality [2006 (3) KLT 609] wherein it is held as follows:
"No Rules have been framed under the WP(C) No. 10130/2015 & connected cases 23 1994 Act regarding the procedure for recovery. However, S.575 of the 1994 Act, the clause relating to repeals and savings, provides among other things, in sub-s.2(ii) thereof, that, notwithstanding the repeal of the 1960 Act, any Rule in the Schedules to the said repealed Act, which are in force, at the commencement of the 1994 Act shall continue to be in force unless they are inconsistent with the 1994 Act. There is nothing in the 1994 Act contrary to or inconsistent with the provisions in the Second Schedule to the 1960 Act and therefore, the Second Schedule to the 1960 Act continues to be in force, in so far as modes of recovery of taxes are concerned, notwithstanding the repeal of the said enactment."
Even persons who are conducting business which are not notified as dangerous or offensive under the Schedule require a license as held in Sivadasan Vs. Mattannur Municipality [2008 (4) KLT 552 (DB)]. It has been held therein as follows:
"A reading of S.447(1) would show that for running a business covered by the rules, if any prescribed and for other trades also, license is necessary. The petitioner is, admittedly, running a trade. So, even if no rules are notified, covering the trade run by the petitioner, still he is liable to take the license, in view of WP(C) No. 10130/2015 & connected cases 24 S.447(1), which not only deals with the purposes specified by the rules, but also with other trades......."
15. Mr. Anil Sivaraman, Advocate gracefully submitted that the petitioners have no objection in the occupants of the residential units conducting business which are not notified as 'dangerous or offensive'. This is subject to the condition that the occupants - whether it be the owner or the tenant - resides in a portion of the premises and conducts business (not dangerous or offensive) in the other portion. Such a stand is taken since many of the occupants are professionals like Doctors, Chartered Accountants, Advocates etc. having offices at home. The petitioners in short are aggrieved by the residential units being utilised for conducting businesses which have been notified as dangerous or offensive. Such of those establishments which require a D & O license (Dangerous and Offensive) are however to be prohibited in the area according to the petitioners. I appreciate the generous stand of the petitioners as there has to be a sustainable development ofcourse without sacrificing the environmental values. The user of the buildings as WP(C) No. 10130/2015 & connected cases 25 godowns, ware houses, factories, show rooms etc. within the area covered by Ext.P2 Scheme makes the living of the petitioners awful. The congestion on the roads due to unruly parking of vehicles of these establishments coupled with the accompanying air and noise pollution are intolerable. There is a loss of privacy and peace of mind to the residents of the housing colony due to the invasion of outsiders on daily basis and there is untold misery due to unrestricted commercialisation. It is trite law that the the State is bound to provide an absolutely healthy environment to its citizens for a peaceful living sans any pollution even as per the public trust doctrine. This position assumes greater rigour if the very land has been acquired through land acquisition proceedings solely for the purpose of a housing scheme. The State in short has committed breach of trust by depriving the original owners of their property allegedly for a housing scheme and permitting commercial activity therein. All such activities have to come to a grinding halt except ofcourse in relation to the four plots (plot Nos. 131, 132, 133 and 134) within the area. Commercial use WP(C) No. 10130/2015 & connected cases 26 incidental to residential development has been permitted in the four plots even as per the 61st meeting of Cochin Town Planning Trust. These four plots are in the beginning of the area covered by Ext.P2 Scheme and close to the shopping complex permitted and additional sale consideration therefore collected. Even the sale deeds executed in implementation of Ext.P2 Scheme permit such user and all other establishments requiring D&O licenses are to be closed down. The license to these establishments have been renewed subject to the result of the writ petitions and the same would enure only upto 31.03.2017. Status quo as on today can continue upto 31.03.2017 after which respondents 1 to 3 shall seal any establishments requiring D&O license functioning in the area covered by Ext.P2 Scheme. The connected writ petitions challenging the coercive steps taken are disposed of in terms of WP(C) No. 10130/2015 and the reasoning therein will follow.
16. It is ordered as follows:
(i) Ext.P2 DTP Scheme is current and valid as held in Philip George's case (supra) as affirmed in W.A. No.759/2015 and confirmed in SLP (C) No.206/2016.
WP(C) No. 10130/2015 & connected cases 27
(ii) Sivaprasad's case as merged in W.A. No. 1023/2011 only echoes the Country Act which saves Ext.P2 Scheme as per Section 113(2)(iii) thereof.
(iii) There cannot be an user contrary to that envisaged under Ext.P2 Scheme more so when the land acquisition was in its very implementation.
(iv) All establishments requiring D&O license except in plot Nos. 131, 132, 133 and 134 shall not function in the area covered by Ext.P2 Scheme.
(v) Ofcourse shops, offices and business establishments requiring D&O license can function in areas specified for the same in Ext.P2 Scheme.
(vi) Respondents 1 to 3 shall take coercive steps including sealing of the establishments covered by clause (iv) if they function after 31.03.2017.
The Writ Petitions are disposed of. No costs.
V.CHITAMBARESH, Judge.
ncd/-