Kerala High Court
George @ Jacob vs State Of Kerala on 28 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 41798 of 2024
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2025:KER:80939
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
WP(C) NO. 41798 OF 2024
PETITIONER(S):
GEORGE @ JACOB,
AGED 73 YEARS
S/O. GEORGE, EDAKKATT HOUSE, KUMBALANGI
VILLAGE, KOCHI TALUK, ERNAKULAM, PIN - 682007
BY ADVS.
SHRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
SHRI.ANTONY NILTON REMELO
SRI.RENISH RAVEENDRAN
SMT.ANJANA P.V.
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, KERALA COASTAL
ZONE MANAGEMENT AUTHORITY, DIRECTORATE OF
ENVIRONMENT & CLIMATE CHANGE, DEVIKRIPA,
PALLIMUKKU, PETTAH P.O, THIRUVANATHAPURAM,
PIN - 695024
2 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, PRINCIPAL
SECRETARY ENVIRONMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
W.P.(C) No. 41798 of 2024
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3 THE DISTRICT COASTAL ZONE MANAGEMENT AUTHORITY,
ERNAKULAM DISTRICT,
COLLECTORATE, KAKKANAD - REPRESENTED BY ITS
CHAIRMAN/ DISTRICT COLLECTOR, PIN - 682030
4 THE KUMBALANGI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, NORTH KUMBALANGI,
KUMBALANGI, KOCHI, KERALA, PIN - 682007
5 THE SECRETARY,
KUMBALANGI GRAMA PANCHAYATH OFFICE, NORTH
KUMBALANGI, KUMBALANGI, KOCHI, KERALA,
PIN - 682007
6 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, & CLIMATE CHANGE, ROOM NO. A- 338,
3RD FLOOR, AGNI BLOCK, INDIRA PARYAVARAN
BHAVAN, JOR BAGH ROAD, NEW DELHI, PIN - 110003
BY ADVS.
SHRI.PRAKASH M.P., SC, KCZMA
SRI.S.SHANAVAS KHAN
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SMT.S.INDU
SMT.KALA G.NAMBIAR
GP SMT. JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 41798 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 41798 of 2024
------------------------------------------------------
Dated this the 28th day of October, 2025
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"I) Issue a Writ or Direction to Call for the
records pertaining to the Exhibit P 5.
II) Issue a Writ of Mandamus, directing the 5th
Respondent accept Ext P 6 and P 6A applications and
forward the same to the 2nd / 3rd Respondent and
regularize the Petitioners building within a time frame.
III) Issue a Writ of Mandamus or any other Writ,
Directing the 1st, 2nd and 6th Respondent to Upload the
latest CZMP 2019 in the of Kerala in the public domain
forthwith.
IV) Issue a writ of mandamus, any other writ,
order or direction, directing the 5th Respondent
Panchayat to consider the application on the basis of the
fact that renovation of building of same existing square
feet is permissible as per CRZ Notification 2011 and
2019.
V) Such other relief's that this Honourable Court
may deem fit and proper to grant, in the interest of
justice.
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VI) Provide cost of the proceedings."[SIC]
2. Petitioner is the owner and in possession of 4.5
Ares of property comprised in Survey No. 1814/2 of
Kumbalangi Village in Kumbalangi Grama Panchayat in
Kochi Taluk in Ernakulam District. According to the
petitioner, his property is having an old building bearing
No. 1/156 A (Old Number) and the building tax was duly
paid for the above said building. It is submitted that the
above said building was in a dilapidated condition and
the petitioner renovated it without increasing any extent
and subsequent to the renovation it was being used as
such. It is submitted that, due to an over sight, the
petitioner has not intimated the renovation work to the
authorities. Renovation of the existing structures are
permissible and therefore the petitioner is entitled for
regularisation even as per the latest provisions in CRZ
2019. However, the respondent Panchayath is not ready
to accept the application for regularisation as the same is
not endorsed by any of the licensed engineer. Hence this
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Writ Petition is filed.
3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for
the Panchayath, and the learned Standing
Counsel appearing for the 2nd respondent.
4. The main prayer in this Writ Petition is to issue
a direction to the 5th respondent to accept Exts.P6 and
P6A applications, and forward the same to the 2 nd
respondent/3rd respondent for regularisation of the
petitioner's building within a time frame.
5. Counsel for the petitioner relied on the
judgment of this Court in Green Hopper Hotels and
Resorts (P) Ltd. v. Union of India [2024 KHC OnLine
1141] and also the judgment dated 18.09.2025 in W.P.(C)
No.27639 of 2025.
6. After hearing both sides, I am of the considered
opinion that there can be a direction to the 5 th respondent
to accept the applications and forward the same to the
2nd respondent, and the 2nd respondent can be directed to
consider the same in accordance with the law, within a
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time frame. While deciding the matter, the 2 nd
respondent will also consider whether the dictum laid
down by this Court in the above mentioned judgments is
applicable to the facts and circumstances of the case.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The 5th respondent is directed to accept Exts.P6
and P6A applications and forward the same to
the 2nd respondent, as expeditiously as
possible, at any rate, within a period of two
weeks from the date of receipt of a certified
copy of this judgment.
2. The 2nd respondent will consider the same and
pass appropriate orders in it, as expeditiously
as possible, at any rate, within a period of two
months from the date of receipt of the
applications from the 5th respondent.
3. The 2nd respondent will also consider whether
the dictum laid down by this Court in Green
Hopper Hotels and Resorts (P) Ltd. v.
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Union of India [2024 KHC OnLine 1141] and
the judgment dated 18.09.2025 in W.P.(C)
No.27639 of 2025 is applicable to the facts and
circumstances of the case.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 28.10.2025
Judgment dictated 28.10.2025
Draft Judgment placed 28.10.2025
Final Judgment uploaded 29.10.2025
2025:KER:80939
APPENDIX OF WP(C) 41798/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 26-07-2024 ISSUED BY THE
KUMBALANGI VILLAGE OFFICE
EXHIBIT P2 THE TRUE COPY OF THE BUILDING TAX
RECEIPT 14-02-2005 IN CONNECTION WITH
THE ABOVE SAID BUILDING HAVING A
SQUARE FEET OF APPROXIMATELY 600
SQUARE FEET ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE RESIDENTIAL
CERTIFICATE DATED 06-11-2001 ISSUED BY
THE 5TH RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE PHOTOGRAPHS OF
SAID AFFIXTURE WHICH SHOWS THE NUMBER
AND THE WARD
EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 08-
04-2024 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
EXHIBIT P6 THE TRUE COPY OF THE REGULARIZATION
APPLICATION DATED 21.10.2024 SUBMITTED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
EXHIBIT P6A THE TRUE COPY OF THE COMPLETION OF THE
RENOVATION AND ROOF CHANGING OF THE
EXISTING BUILDING
EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 16-
10-2024 ISSUED BY THE MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE
