IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 2801 of 2011(A) ------------------------------------- PETITIONERS: --------------------- 1. PREETHA KUMARI.A.S,R/AT TC-1/150, KOKKANATHALA KIZHAKKATHIL PUTHENVEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 2. A.MOHANA KUMAR,RESIDING AT PUNARTHAM, T.C.12/223,THURUVICKAL P.O,THIRUVANANTHAPURAM-695 031. 3. CHITHRAKUMARI.A.S,RESIDING AT T.C 1/151, SARASWATHY NIVAS, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 4. RADHAKRISHNAN,S/O.GOVINDAN THAMPI, KOKKANATHALA VEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 5. SARASWATHY AMMA.M, TC 1/150, KOKKANTHALA KIZHAKKATHIL PUTHENVEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 6. K.S.GEETHA KUMARI,TC 1/156(2), GEETHA SADANAM, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 7. LATHA SASIDHARAN NAIR,TC 1/157, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 8. MAYAKUMARI.G,TC1/157(2) PINARINMOODU VEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 9. K.M.GOMATHY AMMA,TC 1/159, PINARINMOODU VEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM -695 031. 10. GIRIJA MOHANAN NAIR,D/O.PARAMESWARAN NAIR, TC 1/159,SANTHA VILASLOM, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 11. SREEKUMARI.S,D/O.SUBHADRAMMA, KOKKANATHALA VEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. W.P.(C). NO.2801/2011-A: 12. B.FIROZ,UPAVANAM,TC 1/163(A), THURUVICKAL P.O,THIRUVANANTHAPURAM -695 031. 13. SUBHASHINI,KOKKANATHU PANAYIL VEEDU, TC 1/144(1) THURUVICKAL P.O, THIRUVANANTHAPURAM -695 031. 14. LEELA KUMARI AMMA,PLAVILA PUTHEN VEEDU, KALIYILKONAM,THURUVICKAL P.O, THIRUVANANTHAPURAM- 695 031. 15. RAMACHANDRAN NAIR.K, PULIYARATHALA VEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 16. B.RAJENDRAN NAIR,THURU VEEDU, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. 17. L.SREELATHA,PLAVILA PUTHEN VEEDU, KALIYILKONAM, THURUVICKAL P.O,THIRUVANANTHAPURAM- 695 031. BY ADVS. SRI.R.S.KALKURA, SRI.M.S.KALESH, SMT.A.V.PRIYA, SRI.HARISH GOPINATH, SRI.V.VINAY MENON, SMT.KVP.JAYALEKSHMY, SRI.M.AJAY (IRUMPANAM). RESPONDENTS: ------------------------ 1. STATE OF KERALA,REP.BY ITS CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM- 695 001. 2. SECRETARY TO GOVEDRNMENT,LOCAL SELF GOVT.(RD) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 3. THE REGIOINAL TOWN PLANNER-1,REGIONAL TOWN PLANNING OFFICE,,THIRUVANANTHAPURAM- 695 001. R1 TO R3 BY SPL GOVT. PLEADER (LSGD) SRI. C.M. SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, ALONG WITH W.P.(C). NO. 2805/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos. 2801, 2805, 2877, 2900, 2922, 2928, 2970 & 2987 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2011 J U D G M E N T All these writ petitions carry similar grievance of similarly circumstanced persons and therefore, they were heard jointly and are being disposed of by this common judgment. In view of the order, I propose to pass in these writ petitions, I do not think it necessary to delve into the facts and contentions elaborately. I am referring to the facts only to the extent it requires for disposal of these writ petitions. The documents are referred hereafter in the manner they are set out in WP(C) No.2801/2011. Ext.P2 Government Order viz., G.O.(MS) 261/76/LA & SWD dated 27.10.1976 was issued by the Government of Kerala under section 4 of Tranvancore Town and Country Planning 1120 approving Trivandrum Medical College Area Development Scheme. It laid down zoning and reservation schemes for different areas for various purposes. The contention of the petitioners is that despite the publication of Ext.P2 scheme, none of the schemes envisaged WPC.2801/2011 and connected : 2 : as per Ext.P2 had been implemented. Of late, Government have issued Ext.P1 Government Order viz., G.O(MS) No.184/2010/LSGD dated 20.8.2010. A perusal of Ext.P1 would reveal that the said notification has been issued to vary the scheme under Ext.P2 for the purpose of making the scheme compatible to the present development scenario to the extent possible as an immediate measure, until the scheme is further varied after detailed studies. As per Ext.P1, it is stated that the draft will be taken up for consideration within 60 days from the date of notification and any person interested in the scheme may submit in writing, his opinion, if any, thereon within the said date. Further it is stated thereunder that any person concerned with or affected by the proposed notification shall submit his objections and suggestions, if any, in writing to the Town Planner, Regional Town Planning Office (on behalf of the Secretary to Government Department) on or before the date specified. It is submitted on behalf of the petitioners that pursuant to Ext.P1, all of them have submitted their objections and suggestions as has been called for vide Ext.P1, within the time stipulated thereunder. Ext.P3 is the WPC.2801/2011 and connected : 3 : joint representation submitted by the petitioners carrying their objections and suggestions and similar representations have been submitted either individually or jointly, by the petitioners in the other writ petitions. Their apprehension is that the draft notification would be finalised without affording them an opportunity of being heard. The learned counsel appearing for the petitioners submitted that since the issue involved in the matter may ultimately affect the right of enjoyment of the property in question it will only be appropriate, in the interest of justice, to afford the petitioners an opportunity of being heard either personally or through their authorized representative. 2. I have heard the learned counsel for the petitioners and also the learned Special Government Pleader. 3. Obviously, as per Ext.P1, objections and suggestions are invited from persons who are likely to be effected and a time limit has been prescribed thereunder for its submission. As noticed hereinbefore, the contention of the petitioners is that all of them have submitted their objections/suggestions within the above stipulated time to the second respondent in WPC.2801/2011 and connected : 4 : terms of Ext.P1. In the said circumstances, these writ petitions are disposed of with a direction to the second respondent to issue notice of hearing to the petitioners before finalisation of Ext.P1 draft dated 20.8.2010 and they shall also be afforded with an opportunity of being heard either personally or through their authorized representative before its finalisation. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge