Muhammed Fazal vs State Of Kerala
2021 Latest Caselaw 18872 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 10TH DAY OF SEPTEMBER 2021/19TH BHADRA, 1943
                    WP(C) NO. 25628 OF 2020


PETITIONER:

         MUHAMMED FAZAL.AGED 50 YEARS,
         S/O.SHUHAIB, 'MISARIYAS',
         P.O. CHOKLI, KANNUR -670 672.

         BY ADVS.
         K.P.PRADEEP
         SHRI.HAREESH M.R.
         SRI.T.T.BIJU
         SMT.T.THASMI


RESPONDENTS:

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

    2    DISTRICT COLLECTOR, KANNUR,
         CIVIL STATION, KANNUR-670 002.

    3    VILLAGE OFFICER,
         THALASSERY VILLAGE,
         THALASSERY TALUK,
         THALSSERY-670 101.

    4    THALASSERY MUNICIPALITY,
         THALASSERY, KANNUR-670101,
         REPRESENTED BY THE SECRETARY.

    5    THE SECRETARY,
         THALASSERY MUNICIPALITY,
         THALASSERY, KANNUR-670 101
 WP(C) No.25628/2020
                            :2 :


     6     KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
           4TH FLOOR, KSRTC BUILDING, THAMPANOOR,
           THAMPANOOR P.O., THIRUVANANTHAPURAM-695 001
           REPRESENTED BY ITS MEMBER SECRETARY

     7     DIRECTOR,NATIONAL CENTRE FOR
           EARTH SCIENCE STUDIES, KERALA,
           AKKULAM, THIRUVANANTHAPURAM-695 011.

           BY ADVS.
           R1-R3 GOVT.PLEADER SRI.VIPIN NARAYANAN
           R4-R5 SRI.I.V.PRAMOD
           R6-SRI.M.P.PRAKASH
           R7-SRI.JAGADEESH LAKSHMAN, CGC

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C) No.25628/2020
                                :3 :




                        JUDGMENT

~~~~~~~~~

Dated this the 10th day of September, 2021

The petitioner seeks to direct the 7 th respondent to

issue the CRZ Status Report to the 4 th respondent at the

earliest and direct the 6th respondent to finalise the application

for NOC which has been forwarded in Exts.P5 and P9

communications at the earliest and consequently to issue the

building permit in the application pending before the 5 th

respondent.

2. The petitioner states that he and his wife jointly hold

land in Thalassery Amsom and Village within the territorial

limits of Thalassery Municipality. The petitioner submitted

application for Building Permit. As the land is situated 265

metres far from Thalassery Fort, an NOC from the National

Monuments Authority was also obtained and submitted. The WP(C) No.25628/2020

petitioner was required to produce NOC from the 6 th

respondent-Kerala Coastal Zone Management Authority

(KCZMA). The petitioner submits that the land will not fall

under CRZ. However, the Building Permit application and

related documents were forwarded to the 6 th respondent.

3. The 6th respondent issued Ext.P7 communication to

the 5th respondent-Secretary to Municipality asking to forward

certain more documents, on 08.02.2018. The 4 th respondent-

Municipality resubmitted the application along with more

documents on 05.12.2019. The 6th respondent further sought

Risk Assessment Report, CRZ Status Report from NCESS

and NOC from Pollution Control Board. Documents were

again forwarded. The 6th respondent has taken a stand that

the application has been rejected as necessary documents

were not submitted. The petitioner would point out that the

action of the 6th respondent is highly arbitrary.

4. When this writ petition came up for hearing today,

the Central Government Counsel made available to this Court

a copy of the letter dated 03.09.2021 of Dr. L. Sheela Nair, WP(C) No.25628/2020

National Centre for Earth Science Studies (NCESS), Akkulam

forwarding CRZ Status Reports, CRZ Maps and Map showing

CRZ categories 7 Km. around the project site, to the 5 th

respondent-Secretary to Thalassery Municipality. The learned

counsel for the petitioner submitted that respondents 4 and 5

have already forwarded all those documents sought for to the

6th respondent-KCZMA as per letter No.E3/BA/182/16-17

dated 09.09.2021. In such circumstances, it is only just and

proper that the 6th respondent be directed to take a decision

afresh in the matter.

The writ petition is therefore disposed of directing

the 6th respondent to take a decision afresh in the matter of

CRZ Clearance application submitted by the petitioner and

communicate the same within a period of three months. To

enable the 6th respondent to consider the application afresh,

Ext.P14 is set aside.

Sd/-

N. NAGARESH, JUDGE

aks/13.09.2021 WP(C) No.25628/2020

APPENDIX OF WP(C) 25628/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT NO.2272120 DATED 12.4.2016 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.F NO.2-23/571/2016 - NOC/NMA DATED 21.3.2016 ISSUED BY THE NATIONAL MONUMENTS AUTHORITY EXHIBIT P3 TRUE COPY OF THE NOTICE NO.E3-E5-BA 182-

16-17 DATED 25.8.2016 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE PROPERTY COVERED BY EXT P1 EXHIBIT P5 TRUE COPY OF THE FORWARDING LETTER NO.E3-E5-BA 182/16-17 DATED 24.10.2016 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 8.11.2017 IN WP(C) NO.34619 OF 2017 EXHIBIT P7 TRUE COPY OF THE LETTER NO.3225/A2/17/KCZMA DATED 8.2.2018 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 4.10.2019 IN WP(C) NO.26110 OF 2019 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 5.12.2019 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE NOTICE NO.2514/A2/2019/KCZMA DATED 8.12.2019 EXHIBIT P11 TRUE COPY OF THE REQUEST DATED 6.2.2020 SUBMITTED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT EXHIBIT P12 TRUE COPY OF THE RISK MANAGEMENT REPORT SUBMITTED TO THE 4TH RESPONDENT WP(C) No.25628/2020

EXHIBIT P13 TRUE COPY OF THE CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD AND SUBMITTED TO THE 4TH RESPONDENT EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE 6TH RESPONDENT Exhibit P15 TRUE COPY OF THE COMMUNICATION NO.E3/BA/182/16-17 DATED 30/01/2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P16 TRUE COPY OF THE COMMUNICATION NO.E3/BA/182/16-17 DATED 18/02/2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P17 TRUE COPY OF THE COMMUNICATION NO.E3/BA/182/16-17 DATED 01/032021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED 10/03/2021 FROM THE 7TH RESPONDENT. Exhibit P19 TRUE COPY OF THE REQUEST LETTER DATED 29/04/2021 SUBMITTED BY THE PETITIONER TO THE SURVEYOR DISTRICT SURVEY SUPERINTENDENT, KANNUR.

RESPONDENTS' EXHIBITS

ANNEXURE R7(a) TRUE COPY OF COMMUNICATION TO THIS EFFECT WAS SENT ON DATED 01.01.2021 ITSELF BY EMAIL ANNEXURE R7(b) TRUE COPY OF THE 4TH RESPONDENT (THALASSERY MUNICIPALITY) INFORMED THIS RESPONDENT ON DATED 12.01.2021 (THROUGH ITS EMIAL ID [email protected] GMAIL.COM) THAT THE INTIMATION HAS BEEN ISSUED TO THE PETITIONER TO PROVIDE THE SOUGHT DETAILS.

ANNEXURE R7(c) A TRUE COPY OF THE DRAFT GOOGLE MAP IS PRODUCED.

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