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2022 Supreme(Ker) 944

P. V. KUNHIKRISHNAN
George Chummar, S/o. Chummar – Appellant
Versus
Greater Cochin Development Authority, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri. T.K. Venugopalan, Sri. Shibu Joseph.
For the Respondents: Sri. C.A. Majeed, Greater Cochin Development Authority, Sri. M.K. Thankappan, Sri. T.R. Rajan.

JUDGMENT :

1. “The sword of Damocles” was a real sword hung over the head of Damocles in the court of King Dionysius II in Sicily in the 4th century B.C. Since then, this is an idiom used by all. If the case of the Greater Cochin Development Authority (hereinafter referred to as, “GCDA”) is accepted, “the sword of Damocles” will be hanging over everyone who purchases properties from GCDA, even if they have obtained the properties through registered sale deeds. The petitioners herein are the allottees of certain plots from GCDA. The plots were assigned in the name of the petitioners by registered sale deeds. Thereafter, notices were issued by the GCDA claiming additional amount. Whether such a claim is sustainable or not is the question to be decided in these cases. Since common issue is raised in all these writ petitions, I will dispose of these writ petitions by a common judgment.

2. The 1st petitioner, George Chummar in W.P.(C.) No. 12757/2010 was allotted plot No.49 by the GCDA under the Town Planning Scheme for Thottakkattukara, Aluva (hereinafter referred to as the “scheme”) in Survey Nos. 305, 306 and 308. Ext.P1 is the registered sale deed executed in favour of the 1st petit

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