Kerala High Court
Kunjabdulla Haji vs Kerala Coastal Zone Management ... on 10 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:50199
WP(C) NO. 35546 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 35546 OF 2024
PETITIONERS:
1 KUNJABDULLA HAJI,
AGED 72 YEARS
S/O IBRAYI HAJI,THAYYIL HOUSE,
VILYAPPALLY,VADAKARA,KOZHIKODE DISTRICT-
673542,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING
AT MANANTHARNILAM, KARAPARAMBU P.O.,VENGERI
VILLAGE, KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
2 KUNJABULLA HAJI,
AGED 70 YEARS
S/O MOIDU HAJI,THUNDIYIL
HOUSE,VILYAPPALLY,VADAKARA,KOZHIKODE DISTRICT-
673542.REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
3 KUNJI AYSHA,
AGED 68 YEARS
W/O ABDUL RAHMAN,KUTTIYIL HOUSE, KOTTAPPALLY
P.O.,KOTTAPPALLY VILLAGE,KOZHIKODE DISTRICT-
673542,REPRESENTED BY HER POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK KOZHIKODE DISTRICT, PIN -
673010.
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WP(C) NO. 35546 OF 2024
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4 SHAMSEERA,
AGED 42 YEARS
W/O SHAMSUDEEN,THAYYIL HOUSE,VILYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-
673542,REPRESENTED BY HER POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
5 MUMTHAS,
AGED 40 YEARS
D/O KUNJABULLA HAJI ,THAYYIL HOUSE,VILAYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-673542,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O .,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
6 SAMEERA,
AGED 48 YEARS
D/O CHERIYA AMMAD,THAYYIL HOUSE,VILAYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-673542,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
7 NAVAS,
AGED 45 YEARS
S/O CHERIYA AMMAD,KUTTIYIL HOUSE,VILYAPPALLY
P.O.,VADAKARA ,KOZHIKODE DISTRICT-673542,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN -
673010.
8 SHAHNAZ P.,
AGED 42 YEARS
D/O CHERIYA AMMAD ,PARAKKAL PONMERI
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WP(C) NO. 35546 OF 2024
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PARAMBIL,VILYAPPALLY P.O.,VADAKARA ,KOZHIKODE
DISTRICT-673542,REPRESENTED BY HER POWER OF
ATTORNEY HOLDER ANWAR C.N, AGED 50 YEARS,S/O
ABDULLAKUTTY,RESIDING AT MANANTHARNILAM,KARAPARAMBU
P.O.,VENGERI VILLAGE,KOZHIKODE TALUK KOZHIKODE
DISTRICT, PIN - 673010.
9 SAMEER,
AGED 41 YEARS
S/O CHERIYA AMMAD ,KUTTIYIL HOUSE ,EDACHERY VILLAGE
,EDACHERY TALUK,KOZHIKODE DISTRICT -
673542,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANWAR C.N, AGED 50 YEARS,S/O ABDULLAKUTTY,RESIDING
AT MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK KOZHIKODE DISTRICT, PIN -
673010.
10 SAJEERA FAIZAL,
AGED 38 YEARS
W/O FAIZAL,KIZHAKKAYIL HOUSE ,EDACHERY
VILLAGE,EDACHERY TALUK ,KOZHIKODE DISTRICT
,REPRESENTED BY HER POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS.S/O ABDULLAKUTTY,RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT -
673010, PIN - 673542.
11 SHUHAIB,
AGED 35 YEARS
S/O CHERIYA AMMAD ,KUTTIYIL HOUSE,VILYAPPALLY
VILLAGE,VILYAPPALLY TALUK,KOZHIKODE DISTRICT ,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANWAR
C.N, AGED 50 YEARS,S/O ABDULLAKUTTY, RESIDING AT
MANANTHARNILAM,KARAPARAMBU P.O.,VENGERI
VILLAGE,KOZHIKODE TALUK,KOZHIKODE DISTRICT -
673010, PIN - 673542.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
SMT.KALA G.NAMBIAR
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WP(C) NO. 35546 OF 2024
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RESPONDENTS:
1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY (KCZMA),
DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,IVTH
FLOOR, KSRTC BUS TERMINAL,THAMBANOOR,
THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY,
PIN - 695001.
2 THE DISTRICT LEVEL COMMITTEE,
KERALA COASTAL ZONE MANAGEMENT
AUTHORITY,KOZHIKODE,REPRESENTED BY ITS SECRETARY,
PIN - 673542.
3 THE KOZHIKODE MUNICIPAL CORPORATION,
MUNICIPALOFFICE,KOZHIKODE ,REPRESENTED BY ITS
SECRETARY, PIN - 673011.
4 THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION ,CORPORATION
OFFICE,KOZHIKODE, PIN - 673011.
BY ADVS.
SRI KRISHNA MENON V., SC
SHRI.PRAKASH M.P., SC, KCZMA
SRI.G.SANTHOSH KUMAR (P).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 03.06.2025, THE COURT ON 10.07.2025 DELIVERED THE
FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
W.P.(C) No.35546 of 2024
-----------------------------------------
Dated this the 10th day of July, 2025
JUDGMENT
The petitioners are the owners in possession of
the property covered under Ext.P2 land tax receipt and
a 50 year old dilapidated commercial building within the
territorial limits of the 3rd respondent-Corporation. As
the building is in a dangerous condition, the petitioners
desired to construct a new building after demolishing of
the existing one. The property is approximately 400
metres east from the Kozhikode beach. The locality is
surrounded by commercial and multi-storied
apartments. Accordingly, the petitioners submitted
Ext.P5 plan, to construct a building having a plinth
area of 2860.03 square metres, spread over cellar floor
to the first floor. The proposed building satisfies the
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provisions of the Kerala Municipal Building Rules, 2019
(KMBR, in short). Even though the property is situated
approximately 400 metres from the High Tide Line ('HTL',
in short), the 4th respondent had unnecessarily forwarded
the application to the 1st respondent, since the plan has a
cellar floor. Consequently, by Exts.P6 and P7
communications, the 1st respondent has directed the 4th
respondent to furnish the details of the group of
occupancy of the proposed building and furnish a revised
building plan as there is no provision in the Coastal
Regulation Zone ('CRZ', in short) notification, 2011 for
construction of a cellar in the CRZ area. On receipt of
Ext.P7 communication, the petitioners submitted Ext.P8
request before the 1st respondent, requesting them to
permit the construction of a cellar floor, especially since
the property is situated approximately 400 metres from
the HTL. The petitioners have learnt that, as per Ext.P9
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WP(C) NO. 35546 OF 2024
proceedings, similar constructions have been permitted.
However, by Ext.P10 proceedings, the 1 st respondent has
declined permission to construct a cellar floor. Exts.P7
and P10 are illegal and arbitrary.
2. In the counter-affidavit of the 1 st respondent it
is stated that, by notification dated 19.02.1991,
prohibitions/restrictions have been imposed on the
location of industry being carried out on the coastal
stretches of seas, bays, estuaries, creeks, rivers and
backwaters, which are influenced by the tidal action. The
4th respondent had forwarded the petitioners' application
for clearance to construct a commercial building with a
plinth area of 2860.03 metre square. The proposed
building is at a distance of 398 metres from the HTL of
the Sea, and the area is in CRZ. As there is no provision
to construct a cellar in the CRZ area, the petitioners were
requested to revise the plan. In fact, by Ext.P9, CRZ
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clearance was granted to one Abdullakutty Haji. But, in
the said plan, there was no mention about the
construction of a cellar floor. Therefore, Ext.P9 cannot be
relied on to contend violation of the equality clause. The
construction of the cellar floor in coastal regions may
pose risks such as flooding, salinity intrusion and
disruption of ground water flow. Hence, the petitioners
may be directed to submit a revised building plan.
3. Heard; the learned Counsel appearing for the
petitioners and the respective learned Standing Counsel
appearing for respondents 1 and 2 and respondents 3 and
4.
4. It is not in dispute that the petitioners'
property is situated 398 metres from the HTL. Admittedly,
there is no statutory restriction or prohibition in vogue
prohibiting the construction of a cellar floor. It is only on
the apprehension of the 1st respondent, that there is a
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likelihood of flooding, salinity intrusion and disruption of
ground water flow, that Ext.P10 order has been passed.
But in Ext.P9 proceedings, the 1st respondent has
permitted the construction of a basement floor. As there is
no statutory prohibition to construct a cellar floor, that
the petitioners' proposed building is 398 metres from the
HTL and that there are numerous multi-storied building
in the said locality, I don't find any justifiable reason to
decline permission to the petitioners to construct the
cellar floor.
In the aforesaid circumstances, I declare that the
petitioners are entitled to construct a cellar floor.
Consequently, I quash Ext.P10 communication and direct
the 4th respondent to process petitioners' application for
building permit, in accordance with law and as
expeditiously as possible, at any rate, within 30 days from
the date of production of a copy of the judgment, without
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insisting for any permission from the 1st respondent.
The writ petition is disposed of accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 35546 OF 2024
APPENDIX OF WP(C) 35546/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 599/06
DATED 23/05/2006 OF KOZHIKODE SRO
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
19/05/2023 ISSUED FROM KASABA VILLAGE
OFFICE, KOZHIKODE
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH EVIDENCING
THE NATURE OF THE BUILDING
EXHIBIT P3 (A) TRUE COPY OF THE PHOTOGRAPH EVIDENCING
THE NATURE OF THE BUILDING
EXHIBIT P3 (B) TRUE COPY OF THE PHOTOGRAPH EVIDENCING
THE NATURE OF THE BUILDING
EXHIBIT P4 TRUE COPY OF THE SKETCH EVIDENCING THE
LIE OF THE PROPERTY OF PETITIONERS AS
WELL AS SURROUNDING AREAS AND ALSO
PROVING THE DISTANCE FROM ARABIAN SEA
EXHIBIT P5 TRUE COPY OF THE PLAN OF THE BUILDING
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
25/03/2023 ISSUED BY FIRST RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.
1253/A2/2022/KCZMA DATED 03/02/2024
ISSUED BY JOINT SECRETARY ON BEHALF OF
THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 21/06/2024
SUBMITTED BY PETITIONERS BEFORE THE FIRST
RESPONDENT
DATED 16/11/2023
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED
09/08/2024 OF THE 1STRESPONDENT
