GOPALAKRISHNAN T V Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment of the learned Single Judge declaring that the appellant will be entitled to utilise his land situated in Kozhikkode town for commercial purpose, i.e. for construction of a hotel only if the Government modifies the Master Plan changing the area to non-residential.

(2.) We have heard learned counsel for the appellant and learned Standing Counsel for the Kozhikkode Corporation and learned Government Pleader for the State.

(3.) During the last hearing, the appellant's counsel submitted that almost all the buildings around the appellant's property are commercial buildings, like hotels, shops, theatre, Banks etc. We directed him to produce areal photographs of his property to prove location of the appellant's property with reference to the neighbouring buildings. Photographs produced show that the appellant's property is located in front of a massive shopping complex comprising of several shop rooms including hotel. In fact the areal photographs produced show that the appellant's property is surrounded by large number of commercial establishments and there is hardly any residence.