DEEPU PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is preferred, being aggrieved by the issuance of Exts.P10 and P11, whereby these applications for utilisation of land for other purposes under the provisions of the Kerala Land Utilisation Order have been rejected.

(2.) It is the case of the petitioners that they are the owners and in possession of 1 Acres 35 Cents and 97 Square Links of land situated in Re Survey Nos. 170/1, 2, 3, 184/2, 3 and 183/6 in Block No.10 of Thiruvamkulam Village, Ernakulam, District. It is further contended that the said property has been lying as a barren land for more than 75 years. The surrounding properties were already developed and the entire property was covered by residential buildings. However, the said property was classified as 'Nilam' in the revenue records. Even on an earlier occasion, the petitioner approached the then Thiruvamkulam Panchayat which was later merged with Thripunithara Municipality, for getting a development permit. On considering the said application, the Panchayat has already recommended for getting development permit. The said decision of the erstwhile Thiruvamkulam Panchayat is produced as per Ext.P2. This is the circumstance in which the petitioners preferred Ext.P3 application under Clause 6(2) of the Kerala Land Utilisation Order (in short KLU Order), 1967.

(3.) For the expeditious disposal of the application, the petitioners have also preferred W.P.(C) No.18413 of 2010. By disposing the said writ petition, a direction was given to the 2nd respondent to consider the matters in accordance with law, as per Ext.P5 judgment. Thereafter, in compliance with the direction, the 3rd respondent obtained a report from the 5th respondent for considering the application under Clause 6(2) of the KLU Order, 1967. For that purpose, the 5th respondent conducted an inspection of the property and reported that the property has been lying as fallow land for more than twenty years and as per the statement given by the localites, it appears that the land has been lying as fallow for more than thirty years. On an earlier occasion, the District Collector, Ernakulam has given a direction to convert the land after improving the drainage facility and from the reply received from the Greater Cochin Development Authority it appears that the property lies in the residential zone. Due to various reasons like unprofitability in the agricultural sector, non-availability of workmen, scarcity of water and reluctance to work in the polluted water, no agricultural activities were conducted within the property and it is also contended that many farmers have reported that this property is not cultivable.