Kerala High Court
Kunjabdulla Haji vs Kerala Coastal Zone Management ... on 10 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:50199
WP(C) NO. 35546 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 35546 OF 2024
PETITIONERS:
1 KUNJABDULLA HAJI,
AGED 72 YEARS
S/O IBRAYI HAJI,THAYYIL HOUSE,
VILYAPPALLY,VADAKARA,KOZHIKODE DISTRICT-
673542,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING
AT MANANTHARNILAM, KARAPARAMBU P.O.,VENGERI
VILLAGE, KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
2 KUNJABULLA HAJI,
AGED 70 YEARS
S/O MOIDU HAJI,THUNDIYIL
HOUSE,VILYAPPALLY,VADAKARA,KOZHIKODE DISTRICT-
673542.REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
3 KUNJI AYSHA,
AGED 68 YEARS
W/O ABDUL RAHMAN,KUTTIYIL HOUSE, KOTTAPPALLY
P.O.,KOTTAPPALLY VILLAGE,KOZHIKODE DISTRICT-
673542,REPRESENTED BY HER POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK KOZHIKODE DISTRICT, PIN -
673010.
2025:KER:50199
WP(C) NO. 35546 OF 2024
2
4 SHAMSEERA,
AGED 42 YEARS
W/O SHAMSUDEEN,THAYYIL HOUSE,VILYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-
673542,REPRESENTED BY HER POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
5 MUMTHAS,
AGED 40 YEARS
D/O KUNJABULLA HAJI ,THAYYIL HOUSE,VILAYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-673542,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O .,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
6 SAMEERA,
AGED 48 YEARS
D/O CHERIYA AMMAD,THAYYIL HOUSE,VILAYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-673542,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
7 NAVAS,
AGED 45 YEARS
S/O CHERIYA AMMAD,KUTTIYIL HOUSE,VILYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-673542,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
8 SHAHNAZ P.,
AGED 42 YEARS
D/O CHERIYA AMMAD ,PARAKKAL PONMERI
2025:KER:50199
WP(C) NO. 35546 OF 2024
3
PARAMBIL,VILYAPPALLY P.O.,VADAKARA ,KOZHIKODE
DISTRICT-673542,REPRESENTED BY HER POWER OF
ATTORNEY HOLDER ANWAR C.N, AGED 50 YEARS,S/O
ABDULLAKUTTY,RESIDING AT MANANTHARNILAM,KARAPARAMBU
P.O.,VENGERI VILLAGE,KOZHIKODE TALUK KOZHIKODE
DISTRICT, PIN - 673010.
9 SAMEER,
AGED 41 YEARS
S/O CHERIYA AMMAD ,KUTTIYIL HOUSE ,EDACHERY VILLAGE
,EDACHERY TALUK,KOZHIKODE DISTRICT -
673542,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK KOZHIKODE DISTRICT, PIN -
673010.
10 SAJEERA FAIZAL,
AGED 38 YEARS
W/O FAIZAL,KIZHAKKAYIL HOUSE ,EDACHERY
VILLAGE,EDACHERY TALUK ,KOZHIKODE DISTRICT
,REPRESENTED BY HER POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS.S/O ABDULLAKUTTY,RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT -
673010, PIN - 673542.
11 SHUHAIB,
AGED 35 YEARS
S/O CHERIYA AMMAD ,KUTTIYIL HOUSE,VILYAPPALLY
VILLAGE,VILYAPPALLY TALUK,KOZHIKODE DISTRICT ,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT -
673010, PIN - 673542.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
SMT.KALA G.NAMBIAR
2025:KER:50199
WP(C) NO. 35546 OF 2024
4
RESPONDENTS:
1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY (KCZMA),
DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,IVTH
FLOOR, KSRTC BUS TERMINAL,THAMBANOOR,
THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY,
PIN - 695001.
2 THE DISTRICT LEVEL COMMITTEE,
KERALA COASTAL ZONE MANAGEMENT
AUTHORITY,KOZHIKODE,REPRESENTED BY ITS SECRETARY,
PIN - 673542.
3 THE KOZHIKODE MUNICIPAL CORPORATION,
MUNICIPALOFFICE,KOZHIKODE ,REPRESENTED BY ITS
SECRETARY, PIN - 673011.
4 THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION ,CORPORATION
OFFICE,KOZHIKODE, PIN - 673011.
BY ADVS.
SRI KRISHNA MENON V., SC
SHRI.PRAKASH M.P., SC, KCZMA
SRI.G.SANTHOSH KUMAR (P).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 03.06.2025, THE COURT ON 10.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:50199
WP(C) NO. 35546 OF 2024
5
C.S.DIAS, J.
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W.P.(C) No.35546 of 2024
-----------------------------------------
Dated this the 10th day of July, 2025
JUDGMENT
The petitioners are the owners in possession of the property covered under Ext.P2 land tax receipt and a 50 year old dilapidated commercial building within the territorial limits of the 3rd respondent-Corporation. As the building is in a dangerous condition, the petitioners desired to construct a new building after demolishing of the existing one. The property is approximately 400 metres east from the Kozhikode beach. The locality is surrounded by commercial and multi-storied apartments. Accordingly, the petitioners submitted Ext.P5 plan, to construct a building having a plinth area of 2860.03 square metres, spread over cellar floor to the first floor. The proposed building satisfies the 2025:KER:50199 WP(C) NO. 35546 OF 2024 6 provisions of the Kerala Municipal Building Rules, 2019 (KMBR, in short). Even though the property is situated approximately 400 metres from the High Tide Line ('HTL', in short), the 4th respondent had unnecessarily forwarded the application to the 1st respondent, since the plan has a cellar floor. Consequently, by Exts.P6 and P7 communications, the 1st respondent has directed the 4th respondent to furnish the details of the group of occupancy of the proposed building and furnish a revised building plan as there is no provision in the Coastal Regulation Zone ('CRZ', in short) notification, 2011 for construction of a cellar in the CRZ area. On receipt of Ext.P7 communication, the petitioners submitted Ext.P8 request before the 1st respondent, requesting them to permit the construction of a cellar floor, especially since the property is situated approximately 400 metres from the HTL. The petitioners have learnt that, as per Ext.P9 2025:KER:50199 WP(C) NO. 35546 OF 2024 7 proceedings, similar constructions have been permitted. However, by Ext.P10 proceedings, the 1 st respondent has declined permission to construct a cellar floor. Exts.P7 and P10 are illegal and arbitrary.
2. In the counter-affidavit of the 1 st respondent it is stated that, by notification dated 19.02.1991, prohibitions/restrictions have been imposed on the location of industry being carried out on the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters, which are influenced by the tidal action. The 4th respondent had forwarded the petitioners' application for clearance to construct a commercial building with a plinth area of 2860.03 metre square. The proposed building is at a distance of 398 metres from the HTL of the Sea, and the area is in CRZ. As there is no provision to construct a cellar in the CRZ area, the petitioners were requested to revise the plan. In fact, by Ext.P9, CRZ 2025:KER:50199 WP(C) NO. 35546 OF 2024 8 clearance was granted to one Abdullakutty Haji. But, in the said plan, there was no mention about the construction of a cellar floor. Therefore, Ext.P9 cannot be relied on to contend violation of the equality clause. The construction of the cellar floor in coastal regions may pose risks such as flooding, salinity intrusion and disruption of ground water flow. Hence, the petitioners may be directed to submit a revised building plan.
3. Heard; the learned Counsel appearing for the petitioners and the respective learned Standing Counsel appearing for respondents 1 and 2 and respondents 3 and
4.
4. It is not in dispute that the petitioners' property is situated 398 metres from the HTL. Admittedly, there is no statutory restriction or prohibition in vogue prohibiting the construction of a cellar floor. It is only on the apprehension of the 1st respondent, that there is a 2025:KER:50199 WP(C) NO. 35546 OF 2024 9 likelihood of flooding, salinity intrusion and disruption of ground water flow, that Ext.P10 order has been passed. But in Ext.P9 proceedings, the 1st respondent has permitted the construction of a basement floor. As there is no statutory prohibition to construct a cellar floor, that the petitioners' proposed building is 398 metres from the HTL and that there are numerous multi-storied building in the said locality, I don't find any justifiable reason to decline permission to the petitioners to construct the cellar floor.
In the aforesaid circumstances, I declare that the petitioners are entitled to construct a cellar floor. Consequently, I quash Ext.P10 communication and direct the 4th respondent to process petitioners' application for building permit, in accordance with law and as expeditiously as possible, at any rate, within 30 days from the date of production of a copy of the judgment, without 2025:KER:50199 WP(C) NO. 35546 OF 2024 10 insisting for any permission from the 1st respondent.
The writ petition is disposed of accordingly.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:50199 WP(C) NO. 35546 OF 2024 11 APPENDIX OF WP(C) 35546/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 599/06 DATED 23/05/2006 OF KOZHIKODE SRO EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 19/05/2023 ISSUED FROM KASABA VILLAGE OFFICE, KOZHIKODE EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF THE BUILDING EXHIBIT P3 (A) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF THE BUILDING EXHIBIT P3 (B) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF THE BUILDING EXHIBIT P4 TRUE COPY OF THE SKETCH EVIDENCING THE LIE OF THE PROPERTY OF PETITIONERS AS WELL AS SURROUNDING AREAS AND ALSO PROVING THE DISTANCE FROM ARABIAN SEA EXHIBIT P5 TRUE COPY OF THE PLAN OF THE BUILDING EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 25/03/2023 ISSUED BY FIRST RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.
1253/A2/2022/KCZMA DATED 03/02/2024 ISSUED BY JOINT SECRETARY ON BEHALF OF THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 21/06/2024 SUBMITTED BY PETITIONERS BEFORE THE FIRST RESPONDENT EXHIBIT P9 TRUE COPY OF THE AGENDA ITEM NO. 132 DATED 16/11/2023 EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 09/08/2024 OF THE 1STRESPONDENT