Petitioner wants to construct a residential building in Bisonvally Village in Udumbanchola Taluk. Petitioner purchased 3.34 ares and 4.45 ares of land in Survey No.232/1 of Bisonvally Village in Pottankadu area. According to the petitioner, this property is no longer planted with any cardamom and it is unfit for any agricultural purposes. Petitioner approached the District Collector in terms of Clause (6) of the Kerala Land Utilizaiton Order, 1967 (for short, “the KLUO”) seeking permission to utilise the land for other purposes. Petitioner further submits that there is no restriction in this area for utilizing the land for other purposes. Petitioner relies on Ext.P5 notification issued by the Government.
2. A detailed counter affidavit has been filed in this matter by the second respondent Revenue Divisional Officer. The attempt of the petitioner is not to utilise the land for cardamom purpose but to utilise the land for construction of residential building.
W.P(C).No.24855 of 2014 F 2
3. The question is whether there is any prohibition in terms of any other provisions of law. Learned Special Government Pleader submits that in terms of cardamom Rules, there is a restriction in cutting and removing any trees in the land.
4. Learned counsel for the petitioner refuted the above stand of the learned Special Government Pleader. Learned counsel for the petitioner submits that it is a matter squarely falls within the KLUO and decision can be taken under clause (6) of KLUO. I am not expressing anything on merit on the rival contentions. Since statutory application has been filed before the District Collector by Ext.P7, that shall be disposed of in accordance with law after affording an opportunity of being heard to the petitioner within a period of two months from the date of receipt of this judgment.
The Writ Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/21/10/14