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2025 Supreme(Online)(Ker) 12522

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. MANOJ, J
P.KESAVAN – Appellant
Versus
A.S.NAISAM – Respondent


Advocates:
SRI.ANIL SIVARAMAN, SRI.ASHWIN SETHUMADAHVAN, GOVERNMENT PLEADER, SMT.ACHU SUBHA ABRAHAM, SRI.S.SUDHISH KUMAR, SRI.C.N.PRABHAKARAN, SRI.V.V.NANDAGOPAL NAMBIAR, M/S.K.P. SREEKUMAR & PRAKASH PUTHEIDOM, SRI.S.SREEKUMAR (SENIOR), M/S.P.MARTIN JOSE, PRIJITH.P & THOMAS P. URUVILLA, SRI.PRAKASH KESHAVAN, M/S.B.N SHIVA SHANKER and ANJALI THOMAS, SMT.LATHA KRISHNAN, M/S.SANTHOSH MATHEW, ARUN THOMAS & JENNIS STEPHEN, SRI.MILLU DANDAPANI, M/S.PHILIP.T.VARGHESE, THOMAS.T.VARGHESE & ACHU SUBHA ABRAHAM, SRI.JOSE JACOB, SRI.SANTHEEP ANAKARATH, STANDING COUNSEL, SRI.P JAYABAL MENON, M/S.SAJI VARGHESE & MARIAM MATHAI, SRI.PEEYUS.A KOTTAM, SRI.ANIL KUMAR SREEDHARAN, M/S.NIRMAL.V.NAIR, ANEESH JOSEPH & RILGIN.V.VARGHESE, SRI.GEORGE POONTHOTTAM, M/S.RAJU JOSEPH (SENIOR), K.T.POULOSE, M/S.IPE JOSEPH & V. MANOJ KUMAR, M/S.A.P.SUBASH & AJESH S A S I D H A R A N, SMT.LIFFY.P.FRANCIS, M/S.JOBY JACOB PULICKEKUDY & ANIL GEORGE, M/S.M.G.SREEJITH & LUKE J CHIRAYIL, SRI.P.SUJIT MENON (R-167, Party in-person) who is also appearing on behalf of R128

JUDGMENT

Dated this the 10th day of April, 2025

The writ petition is preferred by some of the residents of Giri Nagar Housing Colony, being aggrieved by the conversion of the Colony into commercial area by several other residents of the Housing Society. This is due to the inaction and tacit collaboration on the part of the respondents, especially the 4th respondent, which is contrary to the scheme under which the Colony was formed.

2. According to the petitioners, the Giri Nagar Housing Society is the first planned housing scheme in the State of Kerala, envisioned by some of the prominent citizens of Ernakulam as early as in 1960s. Thereby they formed a Co-operative Society under the name and style “the Ernakulam Co-operative House Construction Society”, the 6th respondent. The said Society approached the Government for allotment of suitable lands for the construction of houses in order to meet the requirements of the then town population. By order dated 25.01.1965, Government accorded sanction to assign 17.86 Acres of land, which is already acquired and developed by the Government under the Land Acquisition and Development Scheme at Ernakulam. Thereafter, a further extent of land, wh

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