IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 28205 of 2009(U) ------------------------------------- PETITIONER(S): ------------------------ 1. P.SAROJINI AMMA, AGED 80 YEARS, W/O.LATE R.CHANDRASEKHARAN NAIR, RESIDING AT 7B, KOWDIAR MANOR, JAWAHAR NAGAR, TRIVANDRUM-695 003. 2. C.BALAGOPAL, AGED 56 YEARS, S/O.LATE R.CHANDRASEKHARAN NAIR, RESIDING AT E1, BELHAVEN GARDENS, KOWDIAR MANOR, TRIVANDRUM-695 003. 3. C.PADMAKUMAR, AGED 47 YEARS, S/O.LATE R.CHANDRASEKHARAN NAIR, RESIDING AT HOUSE NO.17, CINNAMON GARDENS, VAZHAYILA, KARAKULAM PO, TRIVANDRUM-695 564. 4. M/S.S.I.OF PROPERTY(KERALA)PVT.LTD, REGD.OFFICE AT"SILVER OAKS". GOLF LINKS ROAD, NEAR GOLF CLUB, KOWDIAR, THIRUVANANTHAPURAM, REP.BY ITS MANAGING DIRECTOR, S.N.RAGHUCHANDRAN NAIR AND AUTHORIZED AGENT AND POWER OF ATTORNEY HOLDER OF PETITIONERS 1 TO3. BY ADV. SRI.A.DINESH RAO RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF TOWN PLANNER, GOVT,OF KERALA,THIRUVANANTHAPURAM. 3. REGIONAL TOWN PLANNER, REGIONAL TOWN PLANNING OFFICER, THIRUVANANTHAPURAM. 4. THIRUVANANTHAPURAM CORPORATION, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM CORPN, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI.C.M.SURESH BABU R4 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE R4 BY ADV. SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28205/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED NO.2937/77 OF SRO, SASTHAMANGALAM EXECUTED IN FAVOUR OF IST PETITIONER AND HIS LATE HUSBAND R.CHANDRASEKHARAN NAIR. P2:- COPY OF THE POWER OF ATTORNEY DTD. 28.7.2008 EXECUTED IN FAVOUR OF 4TH PETITIONER BY PETITIONERS 1 TO 3. P3:- COPY OF THE AGREEMENT DTD. 14.8.2008 EXECUTED BETWEEN PETITIONERS 1 TO 3 AND 4TH PETITIONER. P4:- COPY OF THE APPLICATION DTD. 16.8.08 FILED BEFORE THE 4TH RESPONDENT BY THE 4TH PETITIONER FOR AND ON BEHALF OF PETITIONERS 1 TO 3. P5:- COPY OF THE NOTICE DTD. 15.12.08 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER. P6:- COPY OF THE LETTER DTD. 7.1.09 ISSUED BY THE 4TH PETITIONER TO THE 3RD RESPONDENT. P7:- COPY OF THE LIST OF SY. NOS. INCLUDED IN THE GREEN STRIP AREA CATEGORY ANNEXED TO THE MASTER PLAN. P8:- COPY OF THE LETTER DTD. 5.3.09 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. P9:- COPY OF THE LETTER DTD. 24.3.2009 ISUED BY THE 4TH PETITIONER. P10:- COPY OF THE LETTER DTD. 15.6.09 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. P11:- COPY OF THE BUILDING PERMIT DTD. 3.3.05 GRANTED TO S.F.S PVT. LTD FOR CONSTRUCTION OF A MULTI-STORYED BUILDING. P12:- COPY OF THE PERMISSION DTD. 29.5.07 GRANTED TO MR.AJAY CHANDRAN NAIR FOR CONSTRUCTION OF A MULTI-STORYED RESIDENTIAL BUILDING. P13:- COPY OF THE FLATS AND BUILDINGS NEAR TO 30 CENTS BELONGING TO THE PETITIONERS 1 TO 3 AND PERTAINING TO EXTS. P11 AND P12 CONSTRUCTIONS AND NEARBY PLACES. P14:- COPY OF THE BUILDING IN 30 CENTS VIZ. AT THE PROPOSED CONSTRUCTION SITE. P15:- COPY OF THE JUDGMENT IN WPC. 25473/2008 AND DTD. 14.8.09 OF THIS HONOURABLE COURT. P16:- COPY OF THE EXT.P5 AREA MAP AND EXTS. P6 TO P10 PRODUCED IN EXT.P15 WRIT PETITION. tss W.P.(C) NO. 28205/2009 P17:- COPY OF THE MEMO DTD. 22.10.09 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION. P18:- COPY OF THE JUDGMENT DTD. 25.6.2010 IN REVIEW PETITION NO.374/2010 IN W.P. (C) NO.25473/2008 OF THIS HONOURABLE COURT. P19:- COPY OF THE G.O. (MS. 144/07 /LSGD DT. 31.5.2007. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE PART MAP SHOWING THE SITE OF SMT.P.SAROJINI AMMA. R3(a):- COPY OF THE PART MAP OF THE DEVELOPMENT PLAN FOR THIRUVANANTHAPURAM CITY SHOWING THE PROPOSED SITE OF THE PETITIONER. TRUE COPY P.S. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 28205 OF 2009 ------------------------------- DATED THIS THE 26TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for declaration that the property in Sy.No.228/A1-3 of Sasthamangalam Village does not come under the Green Strip Area of any of the sanctioned Town Planning Scheme as envisaged in the Travancoe Town Planning Act, 1108, that the inclusion of the said property in the green strip area of any of the Town Planning Scheme is illegal , arbitrary and unconstitutional and other incidental reliefs. 2. Petitioners 1 to 3 are the owners of 30 cents of property comprised in Sy.No.228/ A1-3, Ward No.9 of Sasthamangalam Village and the residential building situated therein. The petitioners entered into Ext.P3 agreement with the 4th petitioner for construction of a multi-storied building in the aforesaid 30 cents of land. It is alleged in the writ petition that the 4th respondent by Ext.P5 order summarily rejected Ext.P4 -2- W.P.(C).No.28205/2009 application for building permit. The reason stated for rejecting Ext.P4 application is that the land is green strip declared under the Town Planning Scheme. Petitioners pointed out that large number of multi- storied buildings are located very near to the proposed land for construction. According to them, the land is not included in the Town Planning Scheme as stated in Ext.P5 order. The photographs produced by the petitioners will go to show that number of multi- storied commercial buildings are situated in and around the locality. The learned counsel for the petitioners submits that the land owned by the petitioners 1 to 3 is not an agricultural land to be included in the green strip area, no agricultural operations are being carried on in the said land and that several commercial buildings are constructed in the properties lying in the locality, that the western boundary of the property is a row of shops along the side of Sasthamangalam-Poippimoodu road. The counsel also pointed out that -3- W.P.(C).No.28205/2009 HARUN-UL-RASHID, Judge. kcv.