Sasi Kumar vs The State Of Kerala
2021 Latest Caselaw 23400 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                                WP(C) NO. 33300 OF 2015
PETITIONER:

               SASI KUMAR, AGED 61 YEARS, S/O KUMARAN,
               RESIDING IN HOUSE NO.9/397, PALLIPURAM PANCHAYAT, CHERAI MURI, CHERAI,
               PALLIPURAM, KOCHI.

               BY ADVS.
               SRI.C.P.UDAYABHANU
               SRI.R.MANOJ



RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT,
               STATE SECRETARIAT, THIRUVANANTHAPURAM -695 001.

      2        THE SECRETARY
               KOTTUVALLY GRAMA PANCHAYATH, VALLUVALLY, KOONAMMAVU P.O.
               ERNAKULAM DISTRICT, PIN - 683 518

      3        THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
               REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL SECRETARY, DEPARTMENT OF
               SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM PIN-695001.

               R1- SRI.JACOB E SIMON,SENIOR GOVERNMENT PLEADER
               R3- SRI.M.P.PRAKASH, SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33300 OF 2015
                                            :: 2 ::




                                        JUDGMENT

Dated this the 25th day of November 2021

This writ petition is filed by the petitioner challenging Ext.P3 order

passed by the Secretary of the Kottuvalli Grama panchayat - the second

respondent dated 1.11.2014 informing the petitioner that the building

permit application submitted by the petitioner cannot be granted for the

reason that the property in question would come under the Coastal

Regulation Zone in accordance with the notification issued by the

Government of India in the year 2011. It is thus, challenging the legality and

correctness of Ext.P3, this writ petition is filed.

2. The Coastal Zone Management Authority namely, the third

respondent has filed a statement before this court. It is stated that the land

belonging to the petitioner lies in the CRZ area where new construction of

residential buildings is not permissible and further that the building site lies

in "No Development Zone of CRZ-III category".

3. I have heard Sri.C.P.Udayabhanu, learned counsel for the

petitioner; Sri.Jacob E. Simon, learned Senior Government Pleader for the

State; Sri.M.P.Prakash for Kerala Coastal Zone Management Authority and

perused the pleadings and materials on record. WP(C) NO. 33300 OF 2015 :: 3 ::

4. The discussion of facts made above would make it clear that the

property of the petitioner situated in the Sy.No.88/2B of Kottuvally Village,

Paravur Thaluk having an extent of 8.09 Ares according to the Panchayat as

well as the Coastal Zone Management Authority would come under the

notification issued by the Government of India in the year 2011 and is a 'No

Development Zone of CRZ III'.

5. Viewed in that circumstances, it cannot be said that Ext.P3 order

passed by the Secretary of the Grama Panchayat is irregular or illegal. If the

property comes under the provisions of the CRZ notification, 2011 it was for

the petitioner to file a suitable application along with building permit

application before the Secretary of the Grama Panchayat, which would have

enabled the Secretary to forward the same to the Coastal Zone Management

Authority for appropriate decision. Petitioner has not cared to take any

such action.

6. In that view of the matter, I do not think there is any illegality in

Ext.P3 order passed by the Secretary of the Grama Panchayat. However, I

am of the considered opinion that an opportunity can be given to the

petitioner to file suitable application. In that view of the matter, petitioner

is granted the liberty to file suitable building permit application in

accordance with the Kerala Panchayat Building Rules, 2019 before the WP(C) NO. 33300 OF 2015 :: 4 ::

Secretary of the Grama Panchayat and along with the same, petitioner is also

at liberty to file suitable application under the Coastal Zone Management

Notification 2011. If the Secretary receives any such application from the

petitioner, it shall be forwarded to the Coastal Zone Management Authority

at the earliest possible and at any rate within two weeks from the date of

receipt of the application from the petitioner. The Coastal Zone

Management Authority shall consider the application in accordance with the

prevailing notification at the earliest and at any rate within two months

thereafter and forward the same to the Secretary at the earliest possible.

Thereafter the Secretary would be at liberty to consider the building permit

application in terms of the decision taken by the Coastal Zone Management

Authority as per law.

Writ petition is disposed of.

SD/-

SHAJI P. CHALY JUDGE jes WP(C) NO. 33300 OF 2015 :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS:

P1 - TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER DATED 5.03.2013 AND BEARING NO.1152/1 OF PARAVUR SUB REGISTRY

P2 - TRUE COPY OF THE LATEST TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KOTTUVALLY

P3 - TRUE COPY OF THE ORDERS PASSED BY THE 2ND RESPONDENT DATED 01.11.2014

// TRUE COPY //

P.S. TO JUDGE