Kerala High Court
Ani Vijayan vs The State Of Kerala on 9 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.5166/2024 1/4 Order Date : 09-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 9th day of February 2024 / 20th Magha, 1945
WP(C) NO. 5166 OF 2024
PETITIONER:
ANI VIJAYAN,AGED 56 YEARS,S/O P. VIJAYAN,INDRAPRASTHAM,
AMBALAPPUZHA,ALAPPUZHA,PIN-688561.
RESPONDENTS:
1. THE STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
2. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,4TH FLOOR,KSRTC BUS
TERMINAL,THAMPANOOR, THIRUVANANTHAPURAM,REPRESENTED BY ITS
CHAIRMAN,PIN-695001.
3. AMBALAPPUZHA SOUTH GRAMA PANCHAYAT,AMBALAPPUZHA P.O.,ALAPPUZHA-
REPRESENTED BY ITS SECRETARY,PIN-688561.
4. THE SECRETARY,AMBALAPPUZHA SOUTH GRAMA PANCHAYAT,AMBALAPPUZHA
P.O.,ALAPPUZHA,PIN-688561.
5. T. AMBUJAKSHAN NAIR,AGED 68 YEARS,S/O LATE THANKAPPAN
NAIR,VETTIKKATTU,KALABHAM HOUSE, AMBALAPPUZHA
P.O.,ALAPPUZHA,PIN-688561.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit.P32,
Exhibit.P33 CRZ Clearance and Exhibit.P40 letter, pending disposal of the
writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
ADV.S.SREEKUMAR(SR) along with M/S.P.MARTIN JOSE, P.PRIJITH, THOMAS
P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB
AMBAT, ANNA LINDA EDEN & HARIKRISHNAN S., Advocates for the petitioner,
the court passed the following:
WP(C) No.5166/2024 2/4 Order Date : 09-02-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No.5166 OF 2024.
-------------------------------------------------
Dated this the 9th day of February, 2024
ORDER
Admit. Government Pleader takes notice for the 1 st
respondent. Sri. M.P.Prakash takes notice for the 2 nd
respondent. Issue notice by speed post to respondents
3 to 5.
If the building permit pursuant to Exts.P32 and P33 is
not so far issued to the 5 th respondent, the 4th respondent
shall not issue the same, without further orders from this
Court.
Post on 01.03.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.09.02.2024.
WP(C) No.5166/2024 3/4 Order Date : 09-02-2024
APPENDIX OF WP(C) 5166/2024
Exhibit P1 TRUE COPY OF DOCUMENT NO.1917/2018 DATED 11-09-2018 OF
AMBALAPPUZHA SRO
Exhibit P2 TRUE COPY OF DOCUMENT NO.2612/2019 DATED 19-12-2019 OF
AMBALAPPUZHA SRO
Exhibit P3 TRUE COPY OF DOCUMENT NO.29/2020 DATED 06-01-2020 OF
AMBALAPPUZHA SRO
Exhibit P4 TRUE COPY OF DOCUMENT NO.475/2020 DATED 24-02-2020 OF
AMBALAPPUZHA SRO
Exhibit P5 TRUE COPY OF PRINTOUTS OF THE GOOGLE EARTH IMAGE OF THE
LAND FOR THE PERIOD 2014-2022
Exhibit P6 TRUE COPY OF TIME STAMPED IMAGE OF THE LAND OWNED BY
5TH RESPONDENT
Exhibit P7 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED
05-02-2020 OBTAINED UNDER THE RIGHT TO INFORMATION ACT,
Exhibit P8 TRUE COPY OF LETTER DATED 29-02-2020 ISSUED BY THE 4TH
RESPONDENT, OBTAINED UNDER RIGHT TO INFORMATION ACT,
Exhibit P9 TRUE COPY OF REPORT OF THE ASSISTANT ENGINEER OF 3RD
RESPONDENT DATED 15-2-2020, OBTAINED UNDER THE RIGHT TO
INFORMATION ACT, 2005
Exhibit P9(a) TRUE COPY OF LEGIBLE TYPED COPY OF EXHIBIT.P9
Exhibit P10 TRUE COPY OF REPORT OF ASSISTANT ENGINEER OF 3RD
RESPONDENT, ON 28-02-2020 OBTAINED UNDER RIGHT TO
INFORMATION ACT, 2005
Exhibit P10(a) TRUE COPY OF LEGIBLE TYPED COPY OF EXHIBIT.P10
Exhibit P11 TRUE COPY OF REPORT OF ASSISTANT ENGINEER OF 3RD
RESPONDENT DATED 03-03-2020, OBTAINED UNDER RIGHT TO
INFORMATION ACT, 2005
Exhibit P11(a) TRUE COPY OF REPORT OF ASSISTANT ENGINEER OF 3RD
RESPONDENT DATED 03-03-2020, OBTAINED UNDER RIGHT TO
INFORMATION ACT, 2005
Exhibit P12 TRUE COPY OF LETTER DATED 04-03-2020 ISSUED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT
Exhibit P13 TRUE COPY OF QUERY DATED 21-4-2020 UNDER THE RIGHT TO
INFORMATION ACT, 2005
Exhibit P14 TRUE COPY OF REPLY DATED 19-5-2020 OF THE 3RD
RESPONDENT
Exhibit P15 TRUE COPY OF RELEVANT PAGES OF THE MINUTES OF THE
MEETING DATED 05-06-2020 OF THE 2ND RESPONDENT
Exhibit P16 TRUE COPY OF QUERY UNDER THE RIGHT TO INFORMATION ACT,
2005 DATED 05-06-2020
Exhibit P17 TRUE COPY OF REPLY DATED 02-07-2020 OF THE 3RD
RESPONDENT
Exhibit P18 TRUE COPY OF RELEVANT PAGES OF THE MINUTES OF 109TH
MEETING HELD ON 24-07-2020 OF THE 2ND RESPONDENT
Exhibit P19 TRUE COPY OF RELEVANT PAGES OF THE MINUTES OF 110TH
MEETING HELD ON 11-09-2020 OF THE 2ND RESPONDENT
Exhibit P20 TRUE COPY OF QUERY UNDER THE RIGHT TO INFORMATION ACT,
2005 DATED 27-11-2020
WP(C) No.5166/2024 4/4 Order Date : 09-02-2024
Exhibit P21 TRUE COPY OF REPLY DATED 23-12-2020 OF THE 4TH
RESPONDENT
Exhibit P22 TRUE COPY OF JUDGMENT DATED 18-12-2020 IN W.P.
(C).NO.25621 OF 2020 OF THIS HON'BLE COURT
Exhibit P23 TRUE COPY OF RELEVANT PAGES OF THE MINUTES OF 113TH
MEETING HELD ON 15-02-2021 OF THE 2ND RESPONDENT
Exhibit P24 TRUE COPY OF LETTER DATED 26-02-2021 ISSUED BY THE
PETITIONER TO THE PANCHAYAT
Exhibit P25 TRUE COPY OF RELEVANT PAGES OF THE DECISION OF THE 2ND
RESPONDENT IN ITS MEETING HELD ON 02-07-2021
Exhibit P26 TRUE COPY OF LETTER DATED 05-05-2023 ISSUED BY THE
PETITIONER TO THE 2ND RESPONDENT
Exhibit P27 TRUE COPY OF QUERY UNDER THE RIGHT TO INFORMATION ACT,
2005 DATED 08-08-2023
Exhibit P28 TRUE COPY OF REPLY DATED 02-09-2023 OF THE 3RD
RESPONDENT
Exhibit P29 TRUE COPY OF APPLICATION DATED 05-08-2023 SUBMITTED BY
THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT, 2005
Exhibit P30 TRUE COPY OF REPLY DATED 26-08-2023 OF THE 2ND
RESPONDENT
Exhibit P31 TRUE COPY OF REQUEST FOR CONSIDERATION PROVIDED BY THE
5TH RESPONDENT DATED 15-04-2023
Exhibit P32 TRUE COPY OF CERTIFICATE DATED 02-01-2020 OBTAINED
UNDER RIGHT TO INFORMATION ACT, 2005
Exhibit P33 TRUE COPY OF RELEVANT PORTIONS OF THE MINUTES OF THE
129TH MEETING OF THE 2ND RESPONDENT HELD ON 30-6-2023
Exhibit P34 TRUE COPY OF QUERY UNDER THE RIGHT TO INFORMATION ACT,
2005 DATED 13-9-2023
Exhibit P35 TRUE COPY OF REPLY DATED 11-10-2023 OF THE 4TH
RESPONDENT
Exhibit P36 TRUE COPY OF REPLY DATED 10-10-2023 AND DOCUMENTS
FURNISHED BY THE 2ND RESPONDENT
Exhibit P37 TRUE COPY OF REPRESENTATION DATED 18-10-2023 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P38 TRUE COPY OF LETTER DATED 19-12-2023 OF THE 2ND
RESPONDENT
Exhibit P39 TRUE COPY OF LETTER DATED 08-11-2023 ISSUED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT
Exhibit P40 TRUE COPY OF LETTER NO.400412/PTAL06/GPO/2023/ 5188/(1)
DATED 28-01-2024 ISSUED BY THE 4TH RESPONDENT
