IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 17937 of 2008(I) --------------------------------------- PETITIONER: ------------------- V.M.ABDUL KAREEM, S/O.V.MOOSA, PO.BOX NO.533, GULFAR ENGINEERING CONTRACTING CO., MUSCUT, SULTANATE OF OMAN, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER V.K.HAMEED, VALLARPADATH HOUSE, SOUTH KALAMASSERY, COCHIN UNIVERSITY PO., ERNAKULAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------------------- 1. KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SASTHRA BHAVAN, THIRUVANANTHAPURAM. 2. MARADU GRAMA PANCHAYAT, SPCCIAL GRADE, S.CHITTOOR PO., ERNAKULAM,, COCHIN – 682 027. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL- R1 SRI.S.CHANDRASENAN - R2 SMT.S.AMBIKA DEVI, ADDL.CGSC - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17937/2008 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 10/06/2008. EXT.P2; COPY OF THE JUDGMENT IN WP(C) NO.19287/2007 DTD. 13/08/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 17937 OF 2008 I = = = = = = = = = = = = = = = = = Dated this the 18th day of July 2008 J U D G M E N T Petitioner submits that in the plan prepared by the Coastal Zone Management Authority, the land in Sy. Nos. 165/2 and 165/3 of Maradu Village, under the Maradu Panchayat is now classified under CRZ-III. On the other hand what the petitioner contends is, in terms of the provisions of the Coastal Regulation Zone Notification of 1991 the area should be classified under CRZ-II. It is also stated that the Maradu Panchayat also has made a similar request to the 1st respondent which is the authority authorized to prepare the coastal management plan and that such request has been made through the State Government. 2. The issue as to whether the area in question has to be classified in CRZ-III or CRZ-II is a matter to be considered by the 1st respondent. Since the Panchayat also feels that a re-examination is needed, I direct that the petitioner may move an appropriate W.P.(C) No. 17937 OF 2008 -2- application before the 1st respondent in this behalf enclosing a copy of this judgment in which case, the 1st respondent shall consider this issue and take appropriate decision in this matter as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-