Kerala High Court
Kerala Coastal Zone Management ... vs Dr. Xavier Mathew on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 24th day of September 2021 / 2nd Aswina, 1943
W.A. NO. 676 OF 2021
AGAINST JUDGMENT IN W.P.(C)NO.20293/2020, DATED 21.12.2020 OF THIS COURT
APPELLANTS/RESPONDENTS 3 & 4:
1. KERALA COASTAL ZONE MANAGEMENT AUTHORITY, SASTHRABHAVAN, PATTOM
P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS MEMBER
SECRETARY.
2. MEMBER SECRETARY, KERALA COASTAL ZONE MANAGEMENT AUTHORITY, 4TH
FLOOR, KSRTC BUS TERMINAL, THAMPANOOR P.O.,
THIRUVANANTHAPURAM-695001.
BY ADV. SRI.M.P.PRAKASH
RESPONDENTS/ PETITIONERS 1 TO 3/ RESPONDENTS 1 & 2:
1. DR. XAVIER MATHEW, EDAKKATTUKUDIYIL HOUSE, CHEPPANAM DESOM, PANANGAD
P.O., KOCHI-682506.
2. ANNIE XAVIER, EDAKKATTUKUDIYIL HOUSE, CHEPPANAM DESOM, PANANGAD
P.O., KOCHI-682506.
3. ASTEN REALTORS PRIVATE LIMITED, 28 ASTEN, NH BYPASS, VENNALA P.O.,
KOCHI-682028, REPRESENTED BY ITS MANAGING DIRECTOR - K.A. SIRAJ
MATHER.
4. KUMBALAM GRAMA PANCHAYATH, PANANGAD P.O., ERNAKULAM-682506,
REPRESENTED BY ITS SECRETARY.
5. THE SECRETARY, KUMBALAM GRAMA PANCHAYATH, PANANGAD P.O.,
ERNAKULAM-682506
BY ADV.SRI.V.V.ASHOKAN(SENIOR COUNSEL) FOR R1
Writ Appeal praying that in the circumstances stated therein the
High Court be pleased to stay the operation and implementation of the
judgment dated 21.12.2020 in W.P.(C)No.20293/2020 of this Hon'ble Court,
during the pendency of this appeal.
This Writ Appeal coming on for orders on 24.09.2021, the court on
the same day passed the following:
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
-----------------------------------------------
W.A. No. 676 of 2021
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Dated this the 24th day of September, 2021
ORDER
S. Manikumar, CJ.
Instant writ appeal is directed against the decision in
W.P(C).No.20293 of 2020 dated 21.12.2020, wherein after considering
the rival submissions, writ court directed thus:
"I am of the view that if the Panchayat is satisfied that the
construction is beyond 50 meters from the HTL, they shall renew
the building permit on being satisfied with compliance of other
requirements under law."
The writ court further directed that the said exercise to be done within a
period of one month.
2. Though, Mr. M.P. Prakash, learned Standing counsel for Kerala
Coastal Zone Management Authority took this Court to the various
statutory provisions of the Environment Protection laws, Coastal
Regulation Zone notification, 2011 and further contended that despite
specific averments made by the Kerala Coastal Zone Management
Authority (KCZMA), Thiruvananthapuram, at paragraphs 6 to 11 of the
counter affidavit writ court has failed to advert to the same, and though
reliance has been made on Kerala State Coastal Zone Management
Authority v. State of Kerala and Others reported in [2019 (7) SCC 248] :
[2019 (3) KHC 9] and therefore prayed to grant interim stay of operation
W.A.676/2021
of the impugned judgment, we are not inclined to grant the same, for the
reason that as per the submissions of Mr. V.V. Ashokan, learned Senior
Counsel appearing for the first respondent, the judgment has been
acted upon; inspection has been conducted by the Grama Panchayat
and being satisfied that the construction is beyond 50 meters from HTL,
building permit has been renewed on 22.3.2021. It is also contended
that structural construction of the building has been completed and that
only certain finishing work has to be done.
4. Having regard to the contentious issues, in particular,
construction being done within the CRZ limits and taking note of the
likelihood of third parties interests being involved, we direct respondent
Nos. 1 to 3, not to create any new rights in favour of third parties and if
any such rights are already granted, pending disposal of the writ
petition, the same would be subject to the outcome of the present writ
appeal.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.
24-09-2021 /True Copy/ Assistant Registrar
