C.SUBASH CHANDRA BOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the owner of an extent of 0.0720 hectares of property comprised in Survey No.385/3 and 0.0454 hectares of property in Survey No.391 of Thrikkur Village, Thrissur District. According to the petitioner, the said properties are lying together. Petitioner was selected by the Indian Oil Corporation as a dealer for starting a petrol bunk and Letter Of Intent is also issued, evident from Ext.P2. Thereafter, petitioner obtained NOC from ADM, license from Explosives Controller, Consent to Establish from the Pollution Control Board etc. etc. However, the Panchayat insisted for an order under the Kerala Land Utilization Order, 1967 from the Revenue Divisional Officer to process the building permit application, as the land in Survey No.385/3 is a 'paddy field' in revenue records.

(2.) Thereupon, petitioner filed Ext.P10 application for conversion of 7 cents and it was allowed by Ext.P11 order of the Sub Collector, Thrissur, imposing a condition that the land can be used only for vehicular traffic to the adjacent land. The District Town Planner has thereupon, returned the building permit application as per Ext.P13 proceedings, to the Secretary of the Grama Panchayat, directing the petitioner to produce a fresh conversion order from the RDO, permitting constructions in the property. According to the petitioner, in view of the proposition of law laid down by this Court in 'Shahul Hameed v. Principal Secretary' [2018 (2) KHC 48], the RDO has no authority to impose a condition restricting the use for a particular purpose and after the KLU Order, the holder of the land is entitled to utilize the land for any other purposes. Therefore, the condition imposed by the RDO in Ext.P11 KLU Order is illegal and without jurisdiction.

(3.) While so, petitioner is also directed by the Oil Company that since the entire 16 cents of property lying in Survey No.385/3 is seen included in the drawings approved by the ADM, petitioner has to obtain a conversion order for the remaining property also. Thereupon, petitioner has again submitted an application before the RDO and has secured Ext.P12 order dated 09.05.2018, whereby the petitioner is also entitled to use the entire 16 cents of property for putting up the installations. However, in spite of all these earnest efforts, consequent to Ext.P13 order passed by the Chief Town Planner, petitioner is unable to put up the installations in accordance with the Letter of Intent granted by the Oil Company.