IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 31146 of 2010(P) -------------------------- PETITIONER(S): --------------- DR.V.S.GOPALAN, SON OF SREENIVASA VAIDYAN, VAZHOOR HOUSE, VALAPPAD VILLAGE, PALLIPURAM DESOM, CHAVAKKAD TALUK, THRISSUR DIST., REPRESENTED HIS POWER OF ATTORNEY HOLDER V.K.BAHULEYAN, AGED 72 YEARS, SON OF VAZHOOR KUNHANDI, VALAPPAD VILLAGE, PALLIPURAM DESOM,CHAVAKKAD TALUK, THRISSUR DIST.-680 567. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 004. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE P.O., THRISSUR-680 001. 3. VALAPPAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY (SPECIAL GRADE), VALAPPAD P.O., THRISSUR-680 567. 4. UNION OF INDIA, MINISTRY OF ENVIRONMENT AND FORESTS, REPRESENTED BY ITS PRINCIPAL SECRETARY, PARYAVARAN BHAVAN, LODHI ROAD, NEW DELHI-110 003. R1 BY ADV. SRI.S.RAMESH,SC, R2 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R3 BY ADVS. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.NISHIL.P.S. R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31146 of 2010(P) APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 4.11.07. P2. COPY OF THE JUDGEMENT IN W.P. (C) No.2323 OF 2008, DATED 29TH JANUARY, 2008 OF THIS HONOURABLE HIGH COURT. P3. COPY OF THE G.O. (Rt) No.48/08/S& TD DATED 10.06.08 ISSUED BY THE 1ST RESPONDENT. P4. COPY OF THE JUDGMENT IN W.P. (C ) NO.19970 OF 2008, DATED 4TH JUNE, 2010. P5. COPY OF THE ORDER NO.1161/A2/10/KCZMA, DATED 17.09.10 OF THE 1ST RESPONDENT P6. COPY OF THE MINUTES OF THE MEETING OF THE 4TH RESPONDENT DATED 20.06.96. P7. COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE STATE OF KERALA DATED 27TH SEPTEMBER 1996. P8. COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE THE NATIONAL COASTAL ZONE MANAGEMENT AUTHORITY DATED 19.10.10. P9. COPY OF THE PROVISIONAL ORDER NO.AS-8221/08 DATED 20.10.10 ISSUED BY THE 3RD RESPONDENT. P10. COPY OF THE REPLY GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.10.10. P11. COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 2.11.10. RESPONDENTS' EXHIBITS: R3 (a). COPY OF THE ORDER NO.A5-8221/08 DATED 20.10.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. R3 (b) COPY OF THE REPLY DATED 21.10.10 FROM THE PETITIONER TO THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE Shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 31146 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2011 J U D G M E N T On the basis of a building permit issued by the 3rd respondent Panchayat the petitioner started construction of an Ayurvedic Health Centre. The same is now interdicted by the Kerala State Coastal Zone Management Authority on the ground that the construction is within the coastal management zone as per the notifications issued under the Environment Protection Act, 1986 and therefore prohibited. Against that order, the petitioner has filed Ext.P8 review petition before the National Coastal Zone Management Authority, New Delhi, under the 4th respondent. The petitioner now confines his relief for a direction to the National Coastal Zone Management Authority, New Delhi, to consider and pass orders on Ext.P8 expeditiously. Having heard the learned counsel for the petitioner, counsel appearing for the Kerala State Coastal Zone Management Authority, the learned Government Pleader, the learned counsel for the 3rd respondent - Panchayat and the Assistant Solicitor General of India, I dispose of this writ petition with a direction to the National Coastal Zone W.P.(C)No. 31146 of 2010 -2- Management Authority, New Delhi, to consider and pass orders on Ext.P8 after affording an opportunity of being heard to all concerned as expeditiously as possible, at any rate within three months from the date of receipt of a certified copy of this judgment. The learned counsel for the 1st respondent submits that the review petition ought have been routed through the State Authority which has not been done in this case. It is open to the 1st respondent to raise that contention before the National Coastal Zone Management Authority, New Delhi and that question shall also be considered by the National Coastal Zone Management Authority in accordance with law. Till orders are thus passed, status quo as on today shall be maintained in respect of the construction. But the petitioner shall not make any further constructions. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/