IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21132 of 2008(N) -------------------------- PETITIONER: ------------ 1. SURYA SAMUDRA HOLIDAY RESORT (P) LIMITED, PULINKUDI, MULLUR POST, THIRUVANANTHAPURAM 695521 REPRESENTED BY ITS CHIEF OPERATING OFFICER. 2. MR.NARARAJAN UDUPA, CHIEF OPERATING OFFICER, SURYA SAMUDRA HOLIDAY RESORT (P) LIMITED, PULINKUDI, MULLUR POST, THIRUVANANTHAPURAM 695521. BY ADV. SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD RESPONDENTS: ------------- 1. SECRETARY, (SPECIAL GRADE), KOTTUKAL GRAMA PANCHAYATH, KOTTUKAL, THIRUVANANTHAPURAM. 2. KOTTUKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTUKAL, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.21132/2008 ----------------------------------------------------------------- Dated this the 16th day of July, 2008 JUDGMENT Petitioners challenge a stop memo issued by the respondent panchayat on the allegation that the construction undertaken by the petitioners is within the prohibited area, violating the provisions of the Coastal Regulations Zone notification dated 19.2.1991. Counsel for the petitioners contend that the construction was commenced on the strength of Ext.P1 building permit. According to them the permit was issued, taking note of Ext.P2 clearance certificate and Ext.P3 conditions attached to Ext.P2. It is also contended by the counsel that, by Ext.P4, the Centre for Earth Sciences Studies has already demarcated the High Tide Line and Low Tide Line and the construction is not in any manner offending the CRZ norms. 2. It is true that the petitioners have obtained an environmental clearance and demarcation of High Tide Line 2 and Lowe Tide Line also have been done. The allegation contained in Ext.P8 is to the effect that the construction undertaken by the petitioners on the strength of Ext.P1 is in violation of Coastal Regulations Zone notification. This allegation calls for an examination of the factual aspects involved in this case and in my view, the Panchayat is the competent body to do such examination at least at the first instance. At the same time, the uncertainty now prevailing also cannot be allowed to continue. 3. Therefore, the writ petition is disposed of directing that it will be open to the petitioners to file their reply to Ext.P8, which they shall do within 2 weeks from today. On receipt of their objection as above, with notice to the petitioners the Panchayat shall pass final orders in the matter, within two weeks of receipt of the petitioners' objection to Ext.P8. Petitioners shall produce a copy of the judgment before the respondent Panchayat for compliance. ANTONY DOMINIC JUDGE vi 3