Kerala High Court
M/S Aw Hospitality Private ... vs Kottukal Grama Panchayathu on 22 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 12933 OF 2017
PETITIONER:
AW HOSPITALITY PRIVATE LIMITED
A COMPNAY INCORPORATED UNDER INDIA COMPANIES
ACT, 2013(CIN-U55101KL2016PTC040283) HAVING ITS
REGISTERED OFFICE AT T.C.24/2014(1) 'ARTECH
HOUSE', THYCAUD, THIRUVANANTHAPURAM 695014,
REPRESENTED BY ITS DIRECTOR TS ASHK S/O.LATE V
T NAIR, AGED 50 YEARS, T.C.23/2876/(1)
GOVINDAM, VELLAYAMBALAM, KAWDIAR P O,
SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM
TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695003.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
RESPONDENTS:
1 KOTTUKAL GRAMA PANCHAYATHU
REPRESENTED BY ITS SECRETARY, KOTTUKAL GRAMA
PANCHAYATH, KOTTUKAL P O, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT,
KOTTUKAL P.O, 695501.
2 THE DIRECTOR OF PANCHAYATH
DIRECTORATE OF PANCHAYATH, OPPOSITE MUSEUM,
MUSEUM P O, THIRUVANANTHAPURAM-695003.
ADDL.R3 D.JOHN PAUL LOUIS
AGED 65 YEARS
S/O LATE DAMIAN LOUIS, SACRED HEART HOUSE,
AMBALATHUM MOOLA, KOTTUKAL VILLAGE,
CHOWARA P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.
(IMPLEADED AS ADDL.R3 AS PER ORDER DATED 08-08-
2017 IN I.A. NO. 12090/17)
W.P.(C) Nos.12933 & 25308 of 2017
:2:
ADDL.R4 KERALA COSTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS DIRECTOR, DEPARTMENT OF
ENVIRONMENT AND CLIMATE CHANGE, THAMPANOOR,
KSRTC BUILDING 4TH FLOOR, OVERBRIDGE,
THAMPANOOR, THIRUVANANTHAPURAM, KERALA 695001.
(IMPLEADED AS ADDL.R4 AS PER ORDER DATED
08.12.2020 IN I.A.01/2020 IN WP(C) 12933/2017.)
BY ADVS.
SMT.ANITHA RAVINDRAN
SRI.M.P.PRAKASH, SC, KCZMA
SRI.A.R.DILEEP
SRI.GEORGE VARGHESE PERUMPALLIKUTTIYIL
SRI.P.J.JOE PAUL
SRI.MANU SEBASTIAN
SRI.B.S.SWATHI KUMAR
SRI.VIPIN NARAYANAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).25308/2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.12933 & 25308 of 2017
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 25308 OF 2017
PETITIONER:
D. JOHN PAUL LOUIS
AGED 65 YEARS
SACRED HEART HOUSE,AMABALATHUMMOOLA,
KOTTUKAL,NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF
ENVIRONMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT
AUTHORITY KERALA
REPRESENTED BY ITS CHAIRMAN, DEVI
KRIPA,PALLIMUKKU, PETTAH P.O.,
THIRUVANANTHAPURAM - 695024.
3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY
REPRESENTED BY ITS DIRECTOR,DEPARTMENT OF
ENVIRONMENT AND CLIMATE CHANGE,PALLIMUKKU,
KANNAMMOOLA ROAD, PETTAH P.O.,
THIRUVANANTHAPURAM - 695024.
4 DISTRICT COLLECTOR
CIVIL STATION, THIRUVANANTHAPURAM - 695001.
5 DISTRICT GEOLOGIST
MINING AND GEOLOGY DEPARTMENT,DISTRICT OFFICE,
KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM - 695004.
W.P.(C) Nos.12933 & 25308 of 2017
:4:
6 CHIEF TOWN PLANNER
OFFICE OF THE CTP, 2ND FLOOR, SWARAJ BHAWAN,
THIRUVANANTHAPURAM-695003.
7 REGIONAL TOWN PLANNER
HOUSING BOARD BUILDING,
THIRUVANANTHAPURAM - 695001.
8 TAHSILDAR
TALUK OFFICE, NEYYATTINKARA,
THIRUVANANTHAPURAM - 695 121.
9 KOTTUKAL GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KOTTUKAL P.O.,
BALARAMAPURAM, THIRUVANANTHAPURAM - 695501.
10 SECRETARY
KOTTUKAL GRAMA PANCHAYATH, KOTTUKAL P.O.,
THIRUVANANTHAPURAM - 695 501.
11 AW HOSPITALITY PRIVATE LTD.
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE,HAVING REGISTERED OFFICE AT T.C
24/2014, ARTECH HOUSE,THYCAUD,
THIRUVANANTHAPURAM - 695014.
12 ARTECH REALTORS LTD.
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE,HAVING REGISTERED OFFICE AT T.C.
24/2014,ARTECH HOUSE, THYCAUD,
THIRUVANANTHAPURAM - 695014.
BY ADVS.
SRI.B.S.SWATHI KUMAR
SRI.S.SREEKUMAR (SR.)
SMT.ANITHA RAVINDRAN
SRI.P.MARTIN JOSE
SRI.THOMAS P.KURUVILLA
SMT.T.RESHMA
SMT.S.SIKKY
SRI.P.PRIJITH
SRI.A.JANI(KOLLAM)
SRI.VIPIN NARAYANAN, SR. GP
SRI.M.P. PRAKASH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).12933/2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.12933 & 25308 of 2017
:5:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.12933 and 25308 of 2017
`````````````````````````````````````````````````````````````
Dated this the 22nd day of April, 2022
JUDGMENT
~~~~~~~~~
W.P.(C) No.12933 of 2017 has been filed by a
Company seeking to quash Ext.P11 communication of the 1 st
respondent-Panchayat cancelling the Building Permit issued
to the petitioner. W.P.(C) No.25308 of 2017 is filed by a
citizen seeking to quash Exts.P4, P9 and P11 and to direct
the 2nd respondent-State Environment Impact Assessment
Authority Kerala to revoke Ext.P4 EC in exercise of the
powers under Clause 8(iv) of the EIA Notification dated
14.09.2006. The petitioner has sought for certain other
incidental reliefs also.
2. The petitioner in W.P.(C) No.12933 of 2017 stated
that the petitioner is absolute title holder in possession of
W.P.(C) Nos.12933 & 25308 of 2017
land having an extent of 275.37 Ares equivalent to 680.163
Cents. The petitioner had purchased the land from
M/s.Artech Realtors Ltd. who held a Building Permit for
constructing Hotel-cum-Apartment project spread over
275.37 Ares of property. After the petitioner purchased the
land, the Panchayat transferred the Building Permit in the
name of the petitioner as per Ext.P4.
3. The petitioner states that certain portion of their
property comes under the purview of Coastal Regulation
Zone. Therefore, the project proposal was sent to the State
Environment Impact Assessment Authority. The Centre for
Earth Science Studies conducted an investigation regarding
the feasibility and impact of the proposed project. The Centre
for Earth Science Studies reported that a part of the
proposed site comes under the category CRZ-III and that the
proposed construction is beyond 500 m. from HTL. The State
Environment Impact Assessment Authority gave
Environmental Clearance to the project, as per Ext.P6 dated
07.05.2014.
W.P.(C) Nos.12933 & 25308 of 2017
4. The petitioner states that the proposed project
was scrutinised by the Chief Town Planner also and the
Chief Town Planner gave layout approval for the building, as
per Ext.P7. The Kerala State Pollution Control Board has
given Ext.P8 Integrated Consent for the proposed project.
The Department of Fire and Rescue Services issued Ext.P9
Clearance. The Airports Authority of India gave Ext.P10 No
Objection Certificate for height clearance. On the basis of the
licences/permits/consent given by various authorities, the
petitioner started construction of the proposed building
investing huge capital. To the surprise and predicament of
the petitioner, the Secretary to the Panchayat issued Ext.P11
cancelling the Building Permit issued for the project.
5. The petitioner states and submits that Ext.P11
contains no reasons for cancellation of Building Permit. The
project has undergone statutory verifications from different
quarters. A part of the project is located within 500 m. from
the seaside. The project does not have any sensitive
ecosystems such as mangroves or breeding grounds which
W.P.(C) Nos.12933 & 25308 of 2017
are eligible to be categorised as CRZ. The report given by
Centre for Earth Science Studies is not under challenge from
any quarters. It is based on the said report that the State
Environment Impact Assessment Authority has issued Ext.P6
Environmental Clearance.
6. The Senior Counsel assisted by the learned
counsel for the petitioner pointed out that Ext.P11 is a
non-speaking order and in view of the settled proposition in
Mohinder Singh Gill v. CEC [(1978) 1 SCC 405], a statutory
order is to be judged by reasons mentioned therein and
cannot be supplemented by fresh reasons. In Alexander
Machinery Dudley Ltd. v. Crabteen [1974 ITR 120], the
Hon'ble Apex Court has held that failure to give reasons
amount to denial of justice. Ext.P11 order is therefore highly
illegal and arbitrary and is liable to be set aside.
7. In W.P.(C) No.25308 of 2017, the petitioner
argued that the 11th respondent (the petitioner in W.P.(C)
No.12933 of 2017) has no right, title or interest over the
properties. It is the petitioner and other legal heirs of Damian
W.P.(C) Nos.12933 & 25308 of 2017
Lewis who are entitled to possess and enjoy the property.
The father of the petitioner has instituted OS No.177/2011 in
the Sub Court for declaring the sale deeds in favour of the
predecessor-in-interest of the 11 th respondent as void and
fraudulent. The father of the petitioner also filed OS
No.359/2009 in the Munsiff's Court seeking prohibitory
injunction restraining trespass and committal of waste by one
Shaji Thomas in the properties. The said Shaji Thomas has
filed OS No.396/2009 in the Munsiff's Court seeking
injunction against the petitioner's father. Admittedly, civil
litigations are pending over the title to the property.
8. When the predecessor-in-interest of the petitioner
started construction activities, local residents formed Theera
Desa Samrakshana Samiti and submitted representation to
the Chief Town Planner requesting not to grant permission
for construction activities in the area. The petitioner has
obtained Environmental Clearance suppressing material
facts. The project in question falls within CRZ area and
hence the State Environment Impact Assessment Authority
W.P.(C) Nos.12933 & 25308 of 2017
ought to have approved the project only after getting
recommendations from the concerned Coastal Zone
Management Authority.
9. The Chief Town Planner has issued approval of
layout of the construction ignoring material facts. The layout
approval and the Building Permit granted to the petitioner are
therefore liable to be cancelled. The 11th respondent is
brazenly carrying out quarrying of earth and piling works in
the cliff area, in violation of the terms and conditions of
Ext.P4 Environmental Clearance. If the unauthorised and
unchecked construction activity is carried out by the 11 th
respondent, it would cause irreparable injury and harm to the
petitioner, contended the learned counsel for the petitioner in
W.P.(C) No.25308/2017.
10. The 1st respondent-Panchayat in W.P.(C)
No.12933 of 2017 contested the writ petition filing counter
affidavit. The 1st respondent submitted that Ext.P11 has been
issued on the basis of a direction issued by the Director of
Panchayats. In the communication of the Director of
W.P.(C) Nos.12933 & 25308 of 2017
Panchayats, it has been stated that the specific condition
that construction should not be made in the area where
provisions of Coastal Regulation Zone notification applies,
has been flouted by the petitioner.
11. The 1st respondent further pointed out that at the
time of considering the application for Building Permit, the
validity of the certificate issued by PCB had expired. There
were widespread allegations regarding issuance of Building
Permit and the Vigilance and Anti Corruption Bureau has
conducted a quick verification and submitted a report to the
effect that immediate steps should be taken to cancel the
Building Permit.
12. The 1st respondent further submitted that on a site
inspection by the Assistant Engineer, massive scale
excavation was detected, which activity was carried out
without obtaining permit from the Mining and Geology
Department. The excavated earth was seen deposited on a
cliff. In the facts and circumstances of the case, the
petitioner cannot be permitted to proceed with the
W.P.(C) Nos.12933 & 25308 of 2017
construction without first obtaining clearance from the
Coastal Zone Management Authority and without satisfying
other statutory requirements.
13. The 5th respondent-District Geologist in W.P.(C)
No. 25308 of 2017 filed counter affidavit. The 5 th respondent
stated that the 3rd respondent submitted an application
before the 5th respondent seeking permission to excavate
ordinary earth from the land. The petitioner in W.P.(C)
No.25308 of 2017 filed a complaint relating to title to the
property. No permission was granted to the 3 rd respondent
for extraction of ordinary earth. When the 12 th respondent
started digging ordinary earth, a show-cause notice was
issued. The 12th respondent replied that he has only levelled
the ground. Thereafter, an application for Quarrying Permit
was submitted for extraction of ordinary earth. The 5 th
respondent sought clarification on pending civil suits. The
11th and 12th respondents did not provide any clarification.
14. The learned Standing Counsel representing the
Kerala Coastal Zone Management Authority argued that if
W.P.(C) Nos.12933 & 25308 of 2017
the construction is in any area falling under CRZ, it is not
open to the Panchayat to grant any kind of permission
without the concurrence of the Kerala State Coastal Zone
Management Authority, in view of the CRZ Notification, 1991.
The Panchayat has to forward such applications for Building
Permit and obtain concurrence/permission from the State
Coastal Zone Management Authority. It is wholly
impermissible to permit construction within any prohibited
area.
15. I have heard the counsel for the petitioners and
the Government Pleader and the Standing Counsel
representing the respondents.
16. The petitioner in W.P.(C) No.12933 of 2017 is the
owner of 275.37 Ares of property. The predecessor-in-
interest of the property had obtained a Building Permit for
constructing Hotel-cum-Apartment project in the land. The
Panchayat transferred the Building Permit in favour of the
petitioner on 30.08.2016. The State Environment Impact
Assessment Authority has granted Environment Clearance to
W.P.(C) Nos.12933 & 25308 of 2017
the project on 07.05.2014. In the order issued by the State
Environment Impact Assessment Authority, it has been
stated that the proposed construction is outside the 500
metre line from HTL and therefore, it is a no regulation zone.
The State Environment Impact Assessment Authority,
however, granted Environmental Clearance subject to strict
compliance of the following conditions:
(1) Constructions should not be made in
areas where provisions of CRZ Notification 2011
applies. In case of any dispute, decisions of
KCZMA shall prevail.
(2) Constructions are not allowed in any
area other than that described as purayidam in
revenue records.
(3) Height should be restricted as per
NOC from Airport Authority of India and Fire and
Rescue Services.
(4) The cliff area should be kept
undisturbed, protected and a setback distance of
50 m. should be made from it.
(5) Bore well should not be constructed.
(6) Disposal of sewage should not be
made to CRZ areas.
Therefore, it is evident that construction should not be made
in areas where provisions of CRZ Notification 2011 applies
and that in case of any dispute, decision of KCZMA shall
prevail.
W.P.(C) Nos.12933 & 25308 of 2017
17. The petitioner has been given layout approval for
the building, by the Chief Town Planner. The Pollution
Control Board has issued Integrated Consent. Department of
Fire and Rescue Services has given Safety Clearance
Certificate to the petitioner. The Airports Authority of India
also issued NOC for height clearance. While the construction
was in progress, the Panchayat has issued Ext.P11
communication (in W.P.(C) No.12933 of 2017) cancelling the
Building Permit.
18. The said Ext.P11 communication does not
disclose any reason for cancellation. The communication,
however, refers to a letter dated 28.03.2017 of the Director of
Panchayats. The petitioner was not heard before cancelling
the Building Permit. Therefore, obviously there is violation of
the principles of natural justice. In the circumstances,
Ext.P11 communication dated 30.03.2017, is ordinarily liable
to be set aside. But, it is seen that there is a dispute as
regards applicability of CRZ regulations on the project.
Therefore, the Panchayat authorities ought to have referred
W.P.(C) Nos.12933 & 25308 of 2017
the matter to KCZMA for concurrence, before issuing
Building Permit. The Panchayat failed to do so. Therefore,
Ext.P11 communication is liable to be sustained.
19. As regards the issue of clearance by the Kerala
Coastal Zone Management Authority, the petitioner would
contend that the construction is not within CRZ area. It is
beyond 500 m. from the HTL. Therefore, no clearance from
the Kerala Coastal Zone Management Authority is
necessary. The respondents will controvert the same.
According to the petitioner in W.P.(C) No.25308 of 2017, the
property is included within the Coastal Regulation Zone and
a portion is admittedly within 200 m. from the High Tide Line
which is a No Development Zone. Only constructions of
building units and that too having a maximum height of 9 m.,
is permissible in the area beyond 200 m. from the HTL. In
the said plot, the petitioner is attempting to construct a
multistoried building having about 23 floors and a basement
floor.
W.P.(C) Nos.12933 & 25308 of 2017
20. It is discernible from the pleadings that there is a
cliff area within the property where certain activities related to
construction is going on. The Environmental Clearance given
by the State Environment Impact Assessment Authority
Kerala on 07.05.2014, though would state that the proposed
building is outside the CRZ area, the State Environment
Impact Assessment Authority has put a condition in the EC
that construction should not be made in areas where
provisions of CRZ Notification 2011 apply and further that the
cliff area should be kept undisturbed, protected and a
setback distance of 50 m. should be made from it. The State
Environment Impact Assessment Authority has also stated
that in case of any dispute, decision of KCZMA shall prevail.
21. From the pleadings available, it is evident that
there is a dispute as regards construction of building in CRZ
area. This being a factual dispute, the matter should be left
to the competent authority, namely KCZMA.
22. In the facts and circumstances of the case, W.P.
(C) No.12933 of 2017 is disposed of directing the 1 st
W.P.(C) Nos.12933 & 25308 of 2017
respondent to forward the relevant records to the Kerala
Coastal Zone Management Authority for taking a decision on
the applicability of CRZ Regulations to the proposed building
construction by the petitioner and to consider grant of
clearance for the project proposed by the petitioner in
accordance with law and as per the CRZ Regulations. The 1 st
respondent-Panchayat shall forward the request along with
necessary records/documents to the KCZMA within a period
of one month and KCZMA shall take a decision on the issue
within a further period of two months.
23. In W.P.(C) No.25308 of 2017, the petitioner is
challenging Exts.P4, P9 and P11 orders. Ext.P4 is the
Environmental Clearance granted to the project. Since this
Court has directed KCZMA to consider the issue of the
alleged CRZ violation, it would be sufficient to declare that
the Environmental Clearance granted to the project on
07.05.2014, would be subject to the decision/clearance of
the KCZMA. Ext.P9 proceedings of the Chief Town Planner
giving layout approval and Ext.P11 Building Permit will also
W.P.(C) Nos.12933 & 25308 of 2017
be subject to the decision that may be taken by the KCZMA.
As regards the civil suits pending in respect of the title to the
land, the issue is left open to be decided by competent
courts. W.P.(C) No.25308 of 2017 is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/21.04.2022
W.P.(C) Nos.12933 & 25308 of 2017
APPENDIX OF WP(C) 12933/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF RESOLUCATION DTD
26/10/2016 OF THE COMPANY
EXHIBIT P2 TRUE COPY OF SALE DEED NO 1395 DTD
15/7/2016 OF VENGANOOR SRO
EXHIBIT P3 TRUE COPY OF BASIC TAX RECEIPT NO
0120547 DTD 24/12/2016
EXHIBIT P4 TRUE COPY OF BUILDING PERMIT DTD
30/8/2016
EXHIBIT P5 TRUE COPY OF REPORT SUBMITTED BY THE
CENTRE FOR EARTH SCIENCE STUDIES,
THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF ORDER DTD 7/5/2014 OF
SEIAA KERALA
EXHIBIT P7 TRUE COPY OF ORDER DTD 4/2/2016 OF
CHIEF TOWN PLANNER
EXHIBIT P8 TRUE COPY OF CONSENT OF ESTABLISH DTD
10/6/2014 ISSUED BY KERALA PULLUTION
CONTROL BOARD.
EXHIBIT P9 TRUE COPY OF CLEARANCE CERTIFICATE DTD
22/6/2016 ISSUED BY THE DEPARTMENT OF
FIRE & RESCUE SERVICES.
EXHIBIT P10 TRUE COPY OF NO OBJECTION CERTIFICATE
FOR HEIGHT CLEARANCE ON 9/6/2014
ISSUED BY THE AIR PORTS AUTHORITY OF
INDIA.
EXHIBIT P11 TRUE COPY OF ORDER DTD 30/3/2017 OF
IST RESPONDENT.
RESPONDENT'S EXTS
ANNEXURE-1 COPY OF PLAINT IN OS.177/2011 OF SUB
COURT, NEYYATTINKARA.
ANNEXURE-2 COPY OF REPRESENTATION DT 26.5.2014.
ANNEXURE-3 COPY OF COMMUNICATION DT 30.5.2015 FROM
REGIONAL TOWN PLANNER.
ANNEXURE-4 COPY OF RESOLUTION DT 10.6.2014 BY 1ST
RESPONDENT.
ANNEXURE-5 COPY OF ORDER DT 4.2.2016 OF CHIEF TOWN
W.P.(C) Nos.12933 & 25308 of 2017
PLANNER.
ANNEXURE-6 COPY COMMUNICATION DT 17.3.2015.
ANNEXURE-7 COPY OF COMPLAINT DT 18.10.2016.
ANNEXURE-8 COPY OF QUICK VERIFICATION REPORT.
ANNEXURE-9 COPY OF COMMUNICATION DT 28.3.2017 BY
PANCHAYAT DIRECTOR.
ANNEXURE-10 COPY OF PERFORMANCE AUDIT REPORT DT
29.12.2016.
ANNEXURE-11 COPY OF ORDER DT 6.5.2017 OF PANCHAYAT
DIRECTOR.
R1(a) COPY OF COMMUNICATION ISSUED TO KCZMA.
R1(b) COPY OF COMMUNICATION DT 20.7.2017 ISSUED TO
KCZMA.
W.P.(C) Nos.12933 & 25308 of 2017
APPENDIX OF WP(C) 25308/2017
PETITIONER'S EXHIBITS
EXHIBIT-P1: A TRUE COPY OF THE SALE DEED
NO.1395/16 DATED 15.07.2016 OF
VENGANOOR SRO.
EXHIBIT-P2: A TRUE COPY OF THE PLAINT IN
O.S.NO.177/2011 IN THE COURT OF SUB
JUDGE, NEYYATTINKARA.
EXHIBIT-P3: A TRUE COPY OF REPRESENTATION DATED
26.05.2014 MADE BY THE PETITIONER
BEFORE THE CHIEF TOWN PLANNER.
EXHIBIT-P4: A TRUE COPY OF EC
NO.221/SEIAA/KL/329/2014 DATED
07.05.2014 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT-P5: A TRUE COPY OF EIA REPORT PREPARED BY
CENTRE FOR EARTH SCIENCE STUDIES
THIRUVANANTHAPURAM.
EXHIBIT-P6: A TRUE COPY OF COMMUNICATION
NO.D1007/14 DATED 19.05.2014 BY
REGIONAL TOWN PLANNER TO CHIEF TOWN
PLANNER THIRUVANANTHAPURAM.
EXHIBIT-P7: A TRUE COPY OF COMMUNICATION
NO.D/918/K.DIS DATED 30.05.2015 FROM
REGIONAL TOWN PLANNER,
THIRUVANANTHAPURAM.
EXHIBIT-P8: A TRUE COPY OF RESOLUTION DATED
10.06.2014 PASSED BY 9TH RESPONDENT -
PANCHAYATH.
EXHIBIT-P9: A TRUE COPY OF ORDER NO.D3-
5016/2015/D.DIS DATED 04.02.2016 OF
CHIEF TOWN PLANNER,
THIRUVANANTHAPURAM.
EXHIBIT-P10: A TRUE COPY OF COMMUNICATION
NO.D3/5364/14/KDIS DATED 17.03.2015.
EXHIBIT-P11: A TRUE COPY OF BUILDING PERMIT DATED
30.08.2016 ISSUED BY THE 9TH
RESPONDENT.
EXHIBIT-P12: A TRUE COPY OF COMPLAINT DATED
18.10.2016 FILED BEFORE THE VIGILANCE
DIRECTOR.
W.P.(C) Nos.12933 & 25308 of 2017
EXHIBIT-P13: A TRUE COPY OF QUICK VERIFICATION
REPORT.
EXHIBIT-P14: A TRUE COPY OF COMMUNICATION NO.D3-
37467/16 DATED 28.03.2017 ISSUED BY
THE PANCHAYAT DIRECTOR TO THE
PANCHAYAT SECRETARY.
EXHIBIT-P15: A TRUE COPY OF PERFORMANCE AUDIT
REPORT NO.PAU 5-A.1/136/16 DATED
29.12.2016.
EXHIBIT-P16: A TRUE COPY OF COMMUNICATION
NO.B1/2346/17 DATED 31.03.2017 ISSUED
BY SECRETARY OF 9TH RESPONDENT -
PANCHAYATH TO THE 11TH RESPONDENT.
EXHIBIT-P17: A TRUE COPY OF ORDER NO.D3-37467/2016
DATED 06.05.2017 OF THE PANCHAYATH
DIRECTOR.
EXHIBIT-P18: A TRUE COPY OF COMMUNICATION
NO.4403/DOT/EM/2016 DATED 16.03.2017
ISSUED BY 5TH RESPONDENT TO
PETITIONER.
EXHIBIT-P19: A TRUE COPY OF COMMUNICATION NO.B1-
5431/17 DATED 24.03.2017 ISSUED BY THE
8TH RESPONDENT TO THE VILLAGE OFFICER.
EXHIBIT-P20: A TRUE COPY OF REPRESENTATION
SUBMITTED BY PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT-P21: A TRUE COPY OF REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT.
EXHIBIT-P22: A TRUE COPY OF REPRESENTATION (WITHOUT
ANNEXURES) SUBMITTED BEFORE THE 4TH
RESPONDENT.
RESPONDENT'S EXTS
R5(a) COPY OF LETTER DT 12.6.2017.
R5(b) COPY OF LETTER DT 21.06.2017.
R5(c) COPY OF LETTER DT 26.07.2017.
R11(a) COPY OF ORDER DT 18.8.2011 IN OS.177/2011 OF
W.P.(C) Nos.12933 & 25308 of 2017
SUB COURT, NEYYATTINKARA.
R11(b) COPY OF ORDER DT 8.11.2017 OF DISTRICT COURT-
II, THIRUVANANTHAPURAM.
R11(c) COPY OF LETTER DT 21.8.2017 SENT TO MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE.
R11(d) COPY OF CLARIFICATION LETTER DT 7.6.2018 BY
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.
