IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 7480 of 2008(M) ------------------------- PETITIONER(S): --------------- M.SADIK, SWEET HOUSE, DIAMOND FOOD PRODUCTS, PADA NORTH, KARUNAGAPALLY. BY ADV. SRI.S.A. RAZZAK RESPONDENT(S): --------------- 1. THE CHIEF TOWN PLANNER, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION (R.A) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KARUNAGAPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, KARUNAGAPALLY. 4. THE DISTRICT TOWN PLANNER, TOWN PLANNING OFFICE, KOLLAM. 5. THE TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY. 6. THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN & SECRETARY, STED-DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.SIBY MATHEW FOR R.3 SRI.PHILIP J.VETTICKATTU FOR R.3 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.7480 of 2008 ================== Dated this the 24th day of March, 2009 J U D G M E N T The petitioner challenges Ext.P12 order of the Government whereby, the Government has held that the petitioner cannot be permitted to construct a play ground in the property of the petitioner since it would violate the Coastal Zone Regulations. The grievance of the petitioner is that Ext.P12 has been passed without hearing the petitioner. 2. I had directed the learned Government Pleader to get instructions as to whether the petitioner has been heard before passing Ext.P12 order. The Government Pleader now submits that even without going into that question, the 2nd respondent can pass fresh orders after hearing the petitioner, if this Court directs so. 3. In the above circumstances, I dispose of this writ petition with a direction to the 2nd respondent to reconsider the matter after affording an opportunity of being heard to the petitioner. Orders, after hearing the petitioner as well as the Panchayat, shall be passed as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Till final orders are so passed, status quo as on today shall be maintained. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================== I.A.No.7856/2008 in W.P(C).No.7480 of 2008 ================== Dated this the 18th day of February, 2009 O R D E R This application is filed under the provisions of Rule 51(2) of the Kerala High Court Rules to declare that notice has been duly served on the 4th respondent. The office has reported that the conditions for declaration of service of notice have been satisfied. Accordingly, it is 3 declared that notice has been duly served on the 4th respondent. sdk+ S.SIRI JAGAN, JUDGE