Beena Sarasan (Irs) Retd vs State Of Kerala
2023 Latest Caselaw 1828 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                      WP(C) NO. 2716 OF 2023
PETITIONER:

          BEENA SARASAN (IRS) RETD.
          AGED 70 YEARS
          D/O BALAGANGADHARAN, RESIDING AT C1 TENNIS CLUB
          ENCLAVE, KOWDIAR PO, THIRUVANANTHAPURAM ,
          PIN - 695003
          BY PARTY-IN-PERSON
RESPONDENTS:
    1    STATE OF KERALA
         REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, LOCAL
         SELF GOVERNMENT DEPARTMENT, 5TH FLOOR, ANNEX - 1,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ,
         PIN - 682031
    2    KOTTUKAL GRAMA PANCHAYATH
         KOTTUKAL P.O., THIRUVANANTHAPURAM, REPRESENTED BY
         ITS SECRETARY, PIN - 695501
    3    THE SECRETARY, KOTTUKAL GRAMA PANCHAYATH
         KOTTUKAL, THIRUVANANTHAPURAM, PIN - 695501
    4    AAZHIMALA SHIVA TEMPLE DEVASWOM TRUST
         AAZHIMALA TEMPLE ROAD, PULIMKUDI JUNCTION,
         THIRUVANANTHAPURAM, REPRESENTED BY ITS TRUSTEE, PIN
         - 695521
OTHER PRESENT:
          GP - SRI.RIYAL DEVASSY
          SC - SRI.M.R.SASITH
    THIS WRIT PETITION (CIVIL) HAVING BEEN
FINALY HEARD ON 01.02.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.2716 of 2023          :2:



                           VIJU ABRAHAM, J.
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                       W.P.(C). No.2716 of 2023
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                 Dated this the 1st day of February, 2023

                                JUDGMENT

The petitioner is a senior citizen and has appeared in person.

She has approached this Court alleging inertia on the part of the

3rd respondent in taking appropriate action on the complaint filed

by her in connection with the illegal and unauthorised

constructions that was undertaken by the 4th respondent.

2. The petitioner is in ownership and possession of 59.65 Ares

of land covered by Ext.P1 tax receipt. The grievance raised by the

petitioner is that the office bearers of the 4 th respondent temple,

without obtaining a building permit or any authorisation from the

regulatory bodies including the 3 rd respondent as well as the Kerala

State Coastal Zone Management Authority, has started illegal

constructions, which has now even encroached in to the Arabian

sea abutting the said temple. The petitioner contends that the new

construction has been made on the rocky terrain bordering to

Arabian sea and it is in flagrant violation of the building rules as

well as the environmental laws. The petitioner submitted a

complaint in this regard before the authorities, as is evident from

Ext.P3. It is submitted by the petitioner that in spite of the

complaint preferred by the petitioner, the 4 th respondent is

continuing with the construction activities and the 3 rd respondent is

not taking any appropriate action on the basis of Ext.P3 complaint.

3. The learned Standing Counsel appearing for the

respondent Panchayat upon instructions submitted that based on

the complaint preferred by the petitioner as well as on the basis of

the complaint received from the Director of Kerala State Coastal

Zone Management Authority, a stop memo as well as an order

under Section 235 W(1) has been issued to the 4 th respondent,

directing them to stop the construction and also to demolish the

unauthorized construction undertaken by them. It is further

submitted by the learned Standing Counsel that the said notice was

served on the 4th respondent on 24.01.2023 giving 15 days' time as

per the statute for demolishing the unauthorised construction and

that if they failed to do so, proceedings will be initiated by the

Panchayat as per law. Thereupon the petitioner would submit that

the 4th respondent is continuing with the construction activities in

spite of the stop memo issued by the Panchayat.

4. It is a fact that based on the complaint preferred by the

petitioner as well as on the complaint received from the Kerala

State Coastal Zone Management Authority, the 3 rd respondent has

issued a memo to stop the construction activities undertaken by the

4th respondent and also to demolish the unauthorised construction

undertaken by them, within a period of 15 days. Therefore, there

will be a direction to the 3rd respondent to finalise the proceedings

initiated as per the provisional order dated 24.01.2023, in

accordance with law, after hearing the petitioner as well as the 4 th

respondent. The 4th respondent shall not undertake any

construction activities without obtaining proper

consent/permission from the authorities concerned. It is further

directed that the 3rd respondent shall see that the stop memo

issued, is strictly complied with, if require with the assistance of

Police.

With the aforesaid directions, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 2716/2023

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF LAND TAX AND IN RESPECT OF SY. NOS. 359/9, 361/12, 360/5, 361/14, 361/16, 361/17, 361/18-1, 361/21 AND 361/23 OF KOTTUKAL VILLAGE, NEYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT Exhibit P2 A TRUE COPY OF THE SCHEMATIC DIAGRAM SHOWING IN NATURE AND THE LIE OF THE AFORESAID PROPERTIES, AS PREPARED BY THE NATIONAL CENTRE FOR EARTH SCIENCE STUDIES Exhibit P3 A TRUE COPY OF THE E-MAIL DATED 24.01.2023 SEND BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P4 TRUE PHOTOGRAPHS SHOWING THE CONSTRUCTION ACTIVITY UNDERTAKEN BY THE 4TH RESPONDENT TAKEN BY THE PETITIONER ON 24.01.2023 Exhibit P5 A TRUE COPY OF THE REPLY DATED 28.01.2023 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, FROM THE KERALA COASTAL MANAGEMENT AUTHORITY ALONG WITH ITS ENCLOSURES, ACCOMPANIED BY A TRUE TYPED AND LEGIBLE COPY OF THE SAME