IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 W.P(C).No. 11143 of 2008(B) ---------------------------------- PETITIONER: -------------- GIRIJA, DAUGHTER OF KESAVAN, PARACHIKKAL, EDAVANAKKAD, ERNAKULAM DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ----------------- 1. EDAVANAKKAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, EDAVANAKKAD P.O., ERNAKULAM DISTRICT. 2. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. BY ADV. SRI.M.N.MANMADAN FOR R1 GOVT. PLEADER, SMT. K.R. DEEPA SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 11143 OF 2008 B ==================== Dated this the 13th day of June, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P2, a notice issued by the 1st respondent Panchayat prohibiting the petitioner from filling up a thodu running through his own property. According to the petitioner, the thodu is having a width of only 3 feet and the photograph produced as Ext.P1 is also relied on to bring home this point. Petitioner contends that this is not an activity prohibited as per the Coastal Regulation Zone Notification of 1991. 2. Notice has been served on the respondent Panchayat by special messenger in April, 2008. But despite several adjournments, not even a counter affidavit is filed and not only that, today there is no representation for the Panchayat either. 3. From the averments in this writ petition, it is evident that the activity in question is only filling up of a thodu running through his own property. In my view, the levelling of a thodu as in this case, cannot be an activity which is prohibited as per the aforesaid notification and WPC 11143/08 :2 : therefore the Panchayat could not have issued Ext.P2. In the light of the undisputed facts as available in this writ petition, Ext.P2 will stand quashed. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp