ANTONY.K.A Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is aggrieved with Exhibit P8 order rejecting the building permit application. By Exhibit P8, the Corporation cited the reason of a master plan having specified the area as agricultural zone and the petitioner having not obtained a permission under the Kerala Land Utilization Order, 1967 [for brevity "KLU Order"]. It is submitted that the property is not included in the data bank, but in the Village records as evidenced in Exhibit P3, the land is described as "nilam". The petitioner has also filed an application at Exhibit P9 under Clause 6 of the KLU Order for conversion of user.

(2.) The Municipality has filed a counter affidavit seeking to sustain the order and also asserting that, according to the master plan, the area is specified as an agricultural zone.

(3.) However, the specific contention of the petitioner is that there are other residential and commercial buildings existing in the locality and there is no implementation of the master plan till date.