IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 26432 of 2008(V) --------------------------------------- PETITIONER: ------------------- FATHIMA MEMORIAL EDUCATIONAL TRUST, REP. BY ITS CHAIRMAN, A.YOUNAS KUNJU, VADAKKEVILA P.O., KOLLAM-10. BY ADVS. SMT.S.KARTHIKA, MR.M.S.UNNIKRISHNAN, MR.P.S.ABHISHEK, MR.M.R.ANISON, SMT.K.P.GEETHA MANI, SMT.KAVYA P.PRASAD. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT., LOCAL SELF GOVT.DEPARTMENT, GOVT, SECRETARIAT, TRIVANDRUM. 2. THE CORPORATION OF KOLLAM, REP. BY ITS SECRETARY, CORPORATION OF KOLLAM, KOLLAM. 3. THE CHIEF TOWN PLANNER, TRIVANDRUM. 4. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, OFFICE OF THE UNIVERSITY OF KERALA,TRIVANDRUM. R1 & R3 BY SR. GOVT. PLEADER MR. SURESH BABU, R2 BY MR.M.K.CHANDRA MOHAN DAS,SC, R4 BY M.RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26432/2008-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY NATIONAL COMMISSION FOR MINORITY DTD. 11/12/2007. EXT.P.2: COPY OF THE DEVELOPMENT PLAN PREPARED BY THE TOWN PLANNING AUTHORITIES IN 1986. EXT.P.3: COPY OF THE NOTIFICATION DTD.07/06/2007. EXT.P.4: COPY OF THE OBJECTION DTD. 10/07/2007 BY THE PETITIONER. EXT.P.5: COPY OF THE PLAN APPROVED BY THE PANCHAYATH ON 15/06/1999. EXT.P.6: COPY OF THE SOLVENCY CERTIFICATE ISSUED BY THE TAHSILDAR ON 17/06/2003. EXT.P.7: COPY OF THE BUILDING PERMIT DTD.18/12/2002. EXT.P.8: COPY OF THE OCCUPANCY CERTIFICATE DTD. 17/06/2003. EXT.P.9: COPY OF THE OCCUPANCY CERTIFICATE WAS ISSUED DTD. 03/01/2008. EXT.P.10: COPY OF THE COMPLETION CERTIFICATE OF THE BUILDING DTD. 07/03/2003. EXT.P.11: COPY OF THE CERTIFICATE DTD. 05/12/2007 ISSUED BY THE DISTRICT COLLECTOR. EXT.P.12: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH THE PLAN FOR THE PROPOSED ENGINEERING COLLEGE BUILDING WITH ENDORSEMENT MADE BY THE CORPORATION. EXT.P.13: COPY OF THE REJECTION ORDER DTD. 08/02/2008. EXT.P.14: COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER ON 21/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. 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