Dr. (Mrs.) Shanta Madhavan vs Greater Cochin Development Authority

T.R. Ramachandran Nair, J.—The petitioner is aggrieved by Ext. P8 order passed by the Greater Cochin Development Authority (GCDA)

cancelling the allotment made in favour of the petitioner. The petitioner is the widow of late Sri. A. Madhavan to whom Plot No. 39 was allotted as

per the agreement. The late husband of the petitioner was conducting a workshop called ''Padma Meenakshi Co.''. Ext. P1 is a copy of the Power

of Attorney executed in favour of the petitioner and Ext. P2 shows that licence has been issued for conducting workshop to Sri. A. Ravindran, the

brother of late Madhavan. Sri. A. Madhavan died on 08.09.1991 and Sri. Ravindran died later on 07.02.2008. The petitioner alone is the legal

heir as the mother also died on 04.05.1985.

It is the case of the petitioner that when the petitioner made a personal request for executing the document, there was no response from the

respondent which resulted in the petitioner filing a writ petition as W.P.(C) No. 10061/2008 which was disposed of by Ext. P5 judgment. Later a

notice was issued to the petitioner as per Ext. P6 and the matter was placed before the Executive Committee who finally passed Ext. P8 order. It

appears that the main reason for cancellation is that the petitioner did not pay the enhanced land compensation.

The petitioner has taken various grounds in the writ petition. She has also produced Ext. P9, note file of the respondent obtained under the Right

to Information Act wherein in page 48, it is recorded that the initial amount was Rs. 1,73,648.70/- and after making the initial payment of Rs.

46,172.95/-, the allottee had to remit balance cost of Rs. 1,29,975.75/- in ten half yearly installments. The monthly installment was Rs.

17,586.98/-. It is clear from the said endorsement that a major part of the payments have been effected and there was one dispute whether the

amount should be credited as on the date of the cheque or as on the date of encashment. It is also seen that as on 27.08.1986, the balance amount

was Rs. 1,571/-. It is submitted by the learned Standing Counsel for the GCDA that thereafter enhanced land compensation was fixed by the court

and that has not been remitted. Learned counsel for the petitioner submitted that if an opportunity is given, the petitioner is ready to remit the entire

amount due and therefore, the matter may be directed to be reconsidered. The petitioner was unaware about the correspondences with the

deceased husband. Learned Standing Counsel for the GCDA submitted that the petitioner had to remit the enhanced land compensation apart

from interest for the delayed payment.

In the light of the above, Ext. P8 will be reconsidered with notice to the petitioner. Appropriate decision will be taken within a period of two

months. In the meanwhile, the details of the amounts to be paid will be intimated to the petitioner within a period of two weeks and the payments

will be effected within a period of one month thereafter. After taking a decision, further steps for execution of document will be taken.

This writ petition is disposed of as above. No costs.