Fathima Memorial Educational … vs State Of Kerala on 16 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26432 of 2008(V)


1. FATHIMA MEMORIAL EDUCATIONAL TRUST
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY ITS SECRETARY
                       ...       Respondent

2. THE CORPORATION OF KOLLAM,

3. THE CHIEF TOWN PLANNER, TRIVANDRUM.

4. UNIVERSITY OF KERALA,

                For Petitioner  :SMT.S.KARTHIKA

                For Respondent  :SRI.M.RAJAGOPALAN NAIR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :16/07/2009

 O R D E R
              THOTTATHIL B. RADHAKRISHNAN, J
                  ...........................................
                  WP(C).NO. 26432              OF 2008
                 ............................................
           DATED THIS THE 16th DAY OF JULY, 2009

                               JUDGMENT

The petitioner challenges Ext.P13 Government Order dated

8.2.2008, containing modifications made to the development plan

(master plan) for Quilon Town issued after considering the

objections placed, following draft proposal published as per

notification dated 7.6.2007. The fundamental objection was

regarding the inclusion of the petitioner’s property as part of the

green strip reserved for agricultural purposes. It is contended

that the said property should fall as a public zone or a semi public

zone. Following the earlier orders, the learned Government

Pleader has brought the file and he pointed out that even in the

meeting held on 7.12.2007, it was discussed and minuted that

the zoning made as per the impugned Ext.P13 is subject to

further reviews that could be had in different phases and stages

and the suggestions made by the petitioner’s representative in

that meeting is an issue to be raised at the second stage

(programme No.2). The learned special Government Pleader

Wpc 26432/2008 2

further submits that as of now, a draft has been issued to be

notified in relation to programme No.2. It is submitted that the

government has issued the sanction and the matter requires to

be published or notified by the Corporation. It is hence suggested

by the government that the petitioner can raise the issue

relatable to the zoning of the property in question when the

objections to programme No.2 is considered by the

Corporation/government. This submission is recorded.

2. With the aforesaid, all that remains is that the challenge

to Ext.P13 has to be left open to permit the petitioner to raise the

objections as stated by learned Special Government Pleader and

leaving the petitioner with liberty to raise all issues raised in this

writ petition, at a later stage, if needed. Since it is submitted that

Government has issued notification dated 7.5.2009, the

Corporation will take immediate steps for publishing the draft of

programme No.2 at the earliest. Writ petition ordered

accordingly, preserving all other contentions.

THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/17/7