Petitioner approached the District Collector to classify his land as purayidam instead of nilam. This Court directed the District Collector to consider the petitioner's application in terms of clause (6) of the Kerala Land Utilisation Order, 1967 (for short, the “KLUO”). The District Collector considered petitioner's application in terms of clause (6) of the KLUO. This is produced as Ext.P4. In Ext.P4, petitioner has been granted permission to construct a Church subject to ratification by the Land Revenue Commissioner. Petitioner has approached this Court seeking a direction to the Land Revenue Commissioner to take a follow up action based on Ext.P4.
2. The Collector has power under clause (6) of the KLUO to grant permission to utilise the land for other purposes. This power is an absolute power. The Collector having satisfied with the need of the petitioner can grant permission, it does not require any ratification from the Land Revenue Commissioner. Therefore, direction in Ext.P4, obtaining ratification from the Land Revenue Commissioner, is set aside. Since the petitioner W.P(C).No.27182 of 2014W 2 has been granted permission by the District Collector to construct a Church building in terms of clause (6) of the KLUO, I am of the view the petitioner shall approach the Local Authority for obtaining necessary permission under the Kerala Panchayath Raj Act and Kerala Panchayath Building Rules. If petitioner moves such an application before the Local Level Authority, on the strength of Ext.P4 Local Authority shall consider the application for granting permission for construction of a Church building in accordance with law.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/01/11/14