Sreekumar K.S vs Aroor Grama Panchayath
2022 Latest Caselaw 9566 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                         WP(C) NO. 23726 OF 2022
PETITIONER

             SREEKUMAR K.S.,
             AGED 49 YEARS
             (PROPRIETOR, MOM SEA FRESH FISH), S/O.SUBRAMANIA DAS,
             13/1200, AMRUTHANJALI, KARUVELIPADY, THOPPUMPADY P.O.,
             ERNAKULAM-682 005.
             BY ADV N.MAHESH


RESPONDENTS:

     1       AROOR GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY,
             OFFICE OF THE AROOR GRAMA PANCHAYATH, AROOR P.O.,
             CHERTHALA, ALAPPUZHA, PIN-688 534.
     2       THE SECRETARY, AROOR GRAMA PANCHAYATH,
             OFFICE OF THE AROOR GRAMA PANCHAYATH, AROOR P.O/.,
             CHERTHALA, ALAPPUZHA, PIN-688 534.
     3       CHIEF ENVIRONMENT ENGINEER,
             KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
             OFFICE OF THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
             ALAPPUZHA-688 001.
             BY ADV SRI.PRAKASH M.P., SC, KCZMA-R3
             DR.V.N.SANKARJEE(SC) R1 & R2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.23726 OF 2022
                                    2


                          JUDGMENT

Dated this the 25th day of August, 2022

The petitioner is before this Court aggrieved by Ext.P3

communication of the Secretary to the Aroor Grama

Panchayat.

2. The petitioner submitted an application for Building

Permit. The Secretary to the Grama Panchayat issued Ext.P3

communication intimating the petitioner that the Building

Permit application can be considered only after getting

clearance from the Kerala Coastal Zone Management

Authority (KCZMA). It is aggrieved by Ext.P3 that the petitioner

is before this Court.

3. Standing Counsel entered appearance on behalf of

the 1st respondent-Grama Panchayat and submitted that a

Proforma application has to be forwarded to the KCZMA

authorities for obtaining clearance and the petitioner has not

signed the application.

WP(C) NO.23726 OF 2022

4. Standing Counsel for the 3rd respondent submitted

that as and when an application is received by the KCZMA,

supported by all relevant documents, the authority can consider

the application and take a decision in accordance with law.

In view of the facts as stated above, the writ petition is

disposed of permitting the petitioner to sign the Proforma

application for CRZ clearance. In the event of the petitioner

signing such application, the 1st respondent-Grama Panchayat

shall forward the same to the KCZMA, within a period of one

month. The KCZMA will take a decision thereon, in

accordance with law, as expeditiously as possible.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.23726 OF 2022

APPENDIX OF WP(C) 23726/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF TAX RECEIPT DATED 21.05.2002 ISSUED BY THE VILLAGE OFFICER, AROOR.

Exhibit P2 TRUE COPY OF RECEIPT DATED 22.02.2022 ISSUED BY AROOR GRAMA PANCHAAYT.

Exhibit P3 TRUE COPY OF COMMUNICATION DATED 10.05.2022 ISSUED TO THE PETITIONER BY AROOR GRAMA PANCHAYAT.