Kerala High Court
Clarity Aqua Systems Pvt.Ltd vs Kerala Coastal Zone Management ... on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
WP(C) NO. 20307 OF 2019
PETITIONER:
1 CLARITY AQUA SYSTEMS PVT.LTD.,
2ND FLOOR, NORTH FILED BUILDINGS, MAMANGALAM,
PALARIVATTOM, KOCHI- 682025, REP. BY ITS PROJECT MANAGER,
E.M.PRASANNAN, AGED 66 YEARS, S/O.E.V.MOHANAN.
2 CLARITY AQUA CONSULTANCY AND RESEARCH PVT.LTD.,
2ND FLOOR, NORTH FILED BUILDINGS, MAMANGALAM,
PALARIVATTOM, KOCHI- 682025, REP. BY ITS PROJECT MANAGER,
E.M.PRASANNAN, AGED 66 YEARS, S/O.E.V.MOHANAN.
3 CLARITY AQUA MARKETING AND DISTRIBUTIONS PVT.LTD.,
2ND FLOOR, NORTH FILED BUILDINGS, MAMANGALAM,
PALARIVATTOM, KOCHI- 682025, REP. BY ITS PROJECT MANAGER,
E.M.PRASANNAN, AGED 66 YEARS, S/O.E.V.MOHANAN.
BY ADV P.SATHISAN
RESPONDENTS:
1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REP. BY ITS CHAIRMAN/ENVIRONMENT ENGINEER, THANPANOOR,
THIRUVANANTHAPURAM- 695001.
2 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM-
695001.
3 NORKA,
REPRESENTED BY ITS CEO, NORKA CENTER, NORKA ROOTS, NEAR
GOVERNMENT GUEST HOUSE, THYCAUD, THIRUVANANTHAPURAM-
695014.
4 FINANCE SECRETARY,
NORKA, NORKA CENTER, NORKA ROOTS, NEAR GOVERNMENT GUEST
WP(C) NO. 20307 OF 2019
2
HOUSE THYCAUD, THIRUVANANTHAPURAM- 695014.
5 SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS, CENTRAL
SECRETARIAT, NEW DELHI, DELHI.
BY ADVS.
SRI.M.P.PRAKASH, SC, KCZMA
SRI.JAWAHAR JOSE, SC, NORKA ROOTS ESTT.
Mr.B.PRAMOD, CGC
ADV.RESHMI.K.M., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20307 OF 2019
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 20307 OF 2019
===================
Dated this the 3rd day of September 2021
JUDGMENT
The above writ petition is filed with the following
prayers;
" i. To issue a writ of Mandamus or such
other writ or direction directing 3 rd and 4th
respondents to dispose off and take necessary
action in Exhibit P2 representations along with
attachments after hearing the representative of the
petitioners within a time fixed by this Hon'ble Court,
ii. To issue a writ of mandamus or such
other writ or direction directing 1 st respondent of
dispose off Exhibit P5 along with the previous
applications with attachments after due local
inspection of subject matter properties covered
therein and issue appropriate orders as per Law
within one month after hearing the duly authorized
representative of petitioners or in the alternative,
iii. To issue a writ of mandamus or such
other writ or direction directing the 1 st respondent
to issue due certificate after local inspection of
properties covered by Exhibit P5 and the previous
applications after due proceedings thereon as per
Coastal Zone Regulations 2011 and amendments
thereon clarifying that, (1) Desalination water plant
in CRZ I,II and III (2) Solar energy conservation
WP(C) NO. 20307 OF 2019
(on floating pontoons as NTPC has done) in CRZ-II,
III (3) Aqua culture in all coastal zones and (3) Rain
water harvesting in all zones are permitted in the
properties,
iv. To issue such other writs or directions
which this Hon'ble Court may find deem fit and
proper in the circumstances of the case,
v. And to award costs of the proceedings."
2. Today when the matter came up for
consideration, the learned counsel for the petitioners limit
his prayer for consideration of Ext.P5 in a time frame. The
learned counsel for the petitioners submitted that, as per
Ext.P7 the authority concerned directed to produce certain
documents which the petitioners are ready to produce. If
any other documents are necessary for considering Ext.P5,
they are ready to produce the same also, if a letter is
issued to them.
3. I also heard the learned Standing Counsel for 1 st
respondent.
4. Since the limited prayer is only to consider
Ext.P5, I think, this writ petition can be disposed directing
WP(C) NO. 20307 OF 2019
the 1st respondent to consider Ext.P5 in a time frame.
Therefore, this writ petition disposed in the following
manner;
1. The member Secretary of the 1st respondent is
directed to consider Ext.P5 as expeditiously as possible, at
any rate, within a period of four months from the date of
receipt of a copy of this judgment.
2. If any additional documents are necessary from
the side of the petitioners for considering Ext.P5, the 1 st
respondent can issue notice to the petitioners and the
petitioners can produce the same also as directed by the
1st respondent.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 20307 OF 2019
APPENDIX OF WP(C) 20307/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
NO.4826111 DATED 25.02.2016.
EXHIBIT P1(A) TRUE COPY OF THE LAND TAX RECEIPT
NO.4826112 DATED 25.02.2016.
EXHIBIT P1(B) TRUE COPY OF THE LAND TAX RECEIPT
NO.4826113 DATED 25.02.2016.
EXHIBIT P1(C) TRUE COPY OF THE LAND TAX RECEIPT
NO.4826114 DATED 25.02.2016.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
3 AND 4 DATED 02.07.2019 ALONG WITH
REPRESENTATION FILED EARLIER BEFORE
RESPONDENTS 1 & 2.
EXHIBIT P2(A) TRUE COPY OF THE POSTAL RECEIPT OF
EXHIBIT P2.
EXHIBIT P3 TRUE COPY OF THE MAP OF THE PROPERTY.
EXHIBIT P4 TRUE COPY OF THE REPORT PREPARED BY THE
CESS.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
1ST RESPONDENT DATED 14.03.2019 ALONG
WITH THE POSTAL RECEIPT.
EXHIBIT P5(A) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
1ST RESPONDENT DATED 14.03.2019 ALONG
WITH THE POSTAL RECEIPT.
EXHIBIT P5(B) TRUE COPY OF THE RELEVANT EXTRACT
APPLICATION SUBMITTED BY THE
WP(C) NO. 20307 OF 2019
PETITIONERS BEFORE THE LOCAL AUTHORITY
DATED 17.05.2014.
EXHIBIT P5(C) TRUE COPY OF THE RELEVANT EXTRACT
APPLICATION SUBMITTED BY THE
PETITIONERS BEFORE THE LOCAL AUTHORITY
DATED 12.07.2017.
EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE
EZHIKKARA GRAMA PANCHAYATH DATED
18.07.2017.
