IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 31917 of 2003(Y) ----------------------------------------- PETITIONER(S): -------------------------- SREEKRISHNAMUGHAM, SREEKRISHNAKSHETHRA SAMAJAM TRUST, REG.NO.89/2000, REPRESENTED BY ITS PRESIDENT, PADINJARE VEMBALLOOR, KODUNGALLUR, THRISSUR DIST. PIN-680 671. BY ADV. MR.T.H.ABDUL AZEEZ RESPONDENT(S): ---------------------------- 1. SREENARAYANAPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, S.N.PURAM, THRISSUR DIST. 2. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADVS. MR.C.K.KARUNAKARAN, MR.C.E.UNNIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31917/2003 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TAX RECEIPT ISSUED BY 1ST RESPONDENT PANCHAYAT DTD. 30/08/2003 RECEIPT NO.3404884. P2: COPY OF REPRESENTATION SUBMITTED BY PETITIONER'S TRUST BEFORE 1ST RESPONDENT DTD. 2/09/2002. P3: COPY OF REPORT ISSUED BY 1ST RESPONDENT TO PETITIONER DTD. 18/12/2002 NO.14.346/02. P4: COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE MINISTER FOR LOCAL SELF DTD. 10/10/02. P5: COPY OF COMMUNICATION DTD. 18/08/2003 ISSUED BY LOCAL SELF DEPARTMENT NO.7839/M2/03/LOCAL SELF. RESPONDENT'S EXHIBITS: R1(A): COPY OF LOCATION SKETCH. R1(B): COPY OF PHOTOGRAPHS. R1(C): COPY OF NOTICE DTD. 18/05/2002 OF THE RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31917 OF 2003 ------------------------------------------- Dated this the 8th day of June, 2009 JUDGMENT 1. The Petitioner has a temple. It applied for numbering the building. That has been rejected on the ground that even places of worship are not entitled to any exemption from the CRZ regulations. This decision as contained in Ext.P5, issued by the Local self Government Department, is under challenge. 2. The question whether a particular activity or construction is to be exempted from the CRZ regulations is a matter to be considered by the CRZ authorities. The petitioner has necessarily to get exemption only from that authority. Following the interim order granted by this Court on 26.2.2004, it is stated that the building has been provisionally numbered to enable the petitioner to obtain electricity connection and for such other purposes. Therefore, Ext.P5 is quashed, paving way for the petitioner to move the competent WPC.31917/03 Page numbers officer in the CRZ authorities to obtain appropriate exemption in accordance with law. Awaiting such decision, the provisional numbering of the building, following the interim order dated 26.2.2004, would continue to hold the field. All actions taken by any statutory authority on the basis of the aforesaid interim order will be provisional and subject to the outcome of any decision of the competent authority for exemption from the CRZ regulations. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/6.