IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 31848 of 2007(N) -------------------------- PETITIONER: ------------ BOUTIQUE HOTELS INDIA(P)LTD., UCO BANK BUILDING, 3RD FLOOR, PARLIAMENT STREET, NEW DELHI-1, REP. BY THE P/A HOLDER, SUJITH VARGHESE, AGED 26 YEARS, S/O P.J.VARGHESE, RESIDING AT PERIYAPURATH HOUSE, KANDANAD, MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.M.L.SAJEEVAN SRI.M.N.SANJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. UDAYAMPEROOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, UDAYAMPEROOR. 3. SPECIAL GRADE SECRETARY, UDAYAMPEROOR GRAMA PANCHAYAT, PANCHAYAT OFFICE, UDAYAMPEROOR. REP. BY ITS SPECIAL GRADE SECRETARY. ADDL. RESPONDENTS: 4. THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT,THIRUVANANTHAPURAM. 5. THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY REP. BY CHAIRMAN OFFICE ADDRESS: THE DIRECTOR, STED, SASTHA BHAVAN, THIRUVANANTHAPURAM – 4. ADDL. RESPONDENTS 4 AND 5 ARE IMPLEADED SUO MOTO AS PER ORDER DT. 26-10-07. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.P.A.AHAMMED GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: EXT.P1 TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ERNAKULAM BEARING NO. K.DIS.6310/84 (B3) DT. 13-2-1984. EXT.P2 PHOTOCOPY OF THE REPORT OF THE VILLAGE OFFICER BEARING NO. 275/05 DT. 31-8-05. EXT.P2(A) ENGLISH TRANSLATION OF EXT.P2. EXT.P3 PHOTOCOPY OF THE REPORT OF THE TAHSILDAR, KANAYANNUR TALUK BEARING NO. H3-4460/05 DT. 3-9-05. EXT.P3(A) ENGLILSH TRANSLATION OF EXT.P3. EXT.P4 PHOTOCOPY OF THE REPORT OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI BEARING NO. 4922/05 DT. 20-10-05. EXT.P4(A) ENGLISH TRANSLATION OF EXT.P4 EXT.P5 PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY UDAYAMPEROOR PANCHAYAT NO. C2-1120/05 DT. 22-10-05 EXT.P6 PHOTO COPY OF THE ORDER OF THE LAND REVENUE COMMISSSIONER, THIRUVANANTHAPURAM BEARING NO.LR(A) 11-55785/05 DT. 10-3-2006. EXT.P7 PHOTOCOPY OF THE ORDER OF THE lAND rEVENUE cOMMISSIONER, tHIRUVANANTHAPURAM BEARING NO. LR. (A)11-55786/05 DT. 10-3-2006. EXT.P8 PHOTOCOPY OF THAT REPORT BEARING NO.CESS-CRZ-03-2006, FEBRUARY 2006 WITH THE APPENDED MAPS. EXT.P9 TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ENVIORNMENT AND FORESTS, CENTRAL GOVERNMENT BEARING NO.13 DT. 4-1- 2002. EXT.P10 PHOTOCOPY OF THE CRZ CLEARANCE ORDER ISSUED BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY FOR THE PETITIONER'S RESORT PROJECT BEARING NO. 021/ENV/06/CZMA DT. 12-5-06 EXT. P11 PHOTO COPY OF THE CONSENT LETTER FROM KERALA STATE POLLUTION CONTROL BOARD TRIVANDRUM BEARING NO. PCB/HO/EKM/117/06 DT. 16-10-07 EXT.P12 PHOTOCOPY OF THE APPLICATION FOR BUILDING CONSTRUCTION SUBMITTED BY THE PETITIONER to the PANCHAYAT DT. 6-8-07 EXT.P13 PHOTOCOPIES OF THE SITE PLAN SUBMITTED BY THE PETITIONER. EXT.P14 PHOTOCOPY OF THE LETTER ISSUED BY THE SECRETARY UDAYAMPEROOR GRAMA PANCHAYAT BEARING NO.A.2. 100/07 DT. 30-8-07 EXT.P14(A) ENGLISH TRANSLATIN OF EXT.P14. EXT.15 PHOTOCOPY OF LETTER NO.15/EWV/07/CZMA DT. 25-7-07 WITH THE ANNEXED REPORT ISSUED BY THE EECUTIVE VICE PRESIDENT OF KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT EXT.P16 PHOTOCOPY OF LETTER NO.2160/ENV DT. 7-8-07 ISSUED BY THE ENVIRONMENTAL DEPARTMENT, STATE GOVERNMENT. EXT.P16(A) ENGLISH TRANSLATION OF EXT.P16, EXT.P17 PHOTO COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ERNAKULAM BEARING NO.L5.54113/2005 DT. 23-11-05 EXT.P18 PHOTOCOPY OF THE JUDGMENT OF THIS COURT IN WP(C) NO. 880 AND 893 OF 2007 DT. 19-1-2007 EXT.P19PHOTO COPY OF THE ORDER OF THE SECRETARY, UDAYAMPEROOR GRAMA PANCHAYAT DT. 29-11-06 EXT.P19(A) ENGLISH TRANSLATION OF EXT.P19 EXT.P20 PHOTOCOPY OF THE JUDGMENT OF THIS COURT IN WP(C) 6798/07 DTR. 22-3-2007 EXT.P21 PHOTOCOPY OF THE PROCEEDINGS OF THE SECRETARY, UDAYAMPEROOR GRAMA PANCHAYAT DT. 21-4-07 EXT.P21(A) ENGLISH TRANSLATION IN EXT.P23. RESPONDENT'S EXHIBITS: EXT.R1(A) TRUE COPIES OF THE CRZ STATUS MAP PREPARED BY THE CENTRE FOR EARTH SCIENCE STUDIES APPROVED BY GOVT. OF INDIA. PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 31848 OF 2007 ----------------------------------------------- Dated this the 5th day of February, 2008 J U D G M E N T Under challenge in this writ petition are Ext.P14 order of the Panchayat, Ext.P15 order of the 4th respondent and Ext.P16 order of the environment department of the first respondent State. Even though arguments have been addressed before me by Mr.Sajeev, learned counsel for the petitioner assailing these orders and by learned counsel for the Panchayat Sri.Philip T.Varghese and Sri.P.A.Ahammed, standing counsel for 4th respondent supporting Ext.P15 I do not propose to decide the issue on their merits. It is not seriously disputed before me that Exts.P14, P15 and P16 were not preceded by a hearing of the petitioner who is affected party. But then there is the submission of Mr.Philip T.Varghese, learned counsel appearing for the Panchayat. Learned counsel appearing for the Panchayat says that so long as Exts.P14, 15 and 16 stand the Panchayat will be bound by those orders. I notice merit in the above submission. The submission of the learned counsel for the petitioner that Exts.P15 and P16 have not been preceded by a hearing of the petitioner is also noticed and I direct the environmental department of first respondent to reconsider Ext.P16 after hearing the petitioner. I WP(C)N0. -2- also direct the 4th respondent to reconsider Ext.P15 after hearing the petitioner. It is open to the petitioner to urge all the grounds available to him including the contention that Exts.P15 and P16 have been issued beyond the jurisdiction of first respondent and the 4th respondent. Hearing will be conducted and fresh orders will be passed by first respondent and the 4th respondent at the earliest, at any rate within one month of receiving a copy of this judgment. Writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) ksv/5208