LEENA JOSEPH Vs. DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner is the owner of an extent of 6.40 Ares of landed property situate in Re. Survey No.884/2, 884/1-1, 3, 4, 5, 6 and 885/B-1 of Kadakampilly Village, Thiruvananthapuram District. The said application was rejected by Ext. P9 order on the ground that the property in which the construction is sought, comes within the 'green strip zone' as per the sanctioned Town Planning Scheme of the 6th respondent issued in the year 1971. The case of the petitioner is that, no sanctioned master plan is prevailing in Thiruvananthapuram Corporation, which is evident from Exts. P12 and P13. Any how, petitioner has submitted an application seeking permission for utilisation of the property in question for other purposes other than paddy cultivation and agricultural operations, which was rejected by the 2nd respondent as per Ext. P11 order assigning the reason that in accordance with the provisions of the Kerala Land Utilisation Order, 1967 (hereinafter referred to as 'KLU Order, 1967' for short), the property can be utilised only for other agricultural purposes other than paddy cultivation and therefore, the property cannot be utilised for commercial activities. It is thus challenging Exts. P9 and P11 this writ petition is filed.

(2.) Learned Counsel for the 6th respondent has filed a statement refuting the claims and demands raised by the petitioner and also justifying the stand adopted in Ext. P9 decision taken in the building permit application submitted by the petitioner. It is also pointed out that the property in question is remaining in the village records and BTR as nilam, therefore seeks dismissal of the writ petition. Learned Government Pleader has produced report of the Local Level Monitoring Committee along with a memo from where I am satisfied that the property in question is remaining as dry land.

(3.) I have heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the 6th respondent and perused the pleadings and documents on record.