IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 29062 of 2010(G) --------------------------------------- PETITIONERS: --------------------- 1. P.T.MANUEL, S/O.THOMMAN, PANAKKAL HOUSE, P.O.PALLIPORT, ERNAKULAM DT. 2. P.T.JOSEPH, S/O.THOMAS, PANAKKAL HOUSE, P.O.PALLIPORT, ERNAKULAM DT. 3. P.T.JOHNSON, S/O.THOMAS, PANAKKAL HOUSE, P.O.PALLIPORT, ERNAKULAM DT. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENTS: ------------------------ 1. VADAKKEKARA GRAMA PLANCHAYAT, REPRESENTED BY ITS SECRETARY, VADAKKEKARA P.O., ERNAKULAM DISTRICT., PIN 683 522. 2. UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, C.G.O. COMPLEX, LODHI ROAD,NEW DELHI- 110 001. 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 4. KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN,SCIENCE TECHNOLOGY AND ENVIRONMENT COMMITTEE AND EX.OFFICIO PRINCIPAL SECRETARY,SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT,SASTHA BHAVAN,THIRUVANANTHAPURAM – 695 001. R3 BY GOVT. PLEADER SRI. V. MANU, R2 BY SRI. T.P.M. IBRAHIM KHAN, A.S.G, SHRI.P.FAZIL, C.G.C, R4 BY ADV. SRI.S.RAMESH,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J ........................................... WP(C) .NO.29062 OF 2010 ............................................ DATED THIS THE 30TH DAY OF SEPTEMBER, 2010 JUDGMENT In the light of the memo dated 29.9.2010 filed by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, without prejudice to the right of the petitioner to file a fresh petition in relation to the same subject matter. P.N.RAVINDRAN JUDGE lgk Wpc 29062/2010 2 P.N.RAVINDRAN, J ........................................... WP(C) .NO.29062 OF 2010 ............................................ DATED THIS THE 27TH DAY OF SEPTEMBER, 2010 Wpc 29062/2010 3 ORDER Admit. Issue notice to respondents 1 to 3 by speed post returnable in ten days. Sri.S.Ramesh, learned standing counsel takes notice for the fourth respondent. Though the learned counsel appearing for the petitioner presses for the grant of interim relief as granted by this Court in Ext.P6 order in WP(C) No. 19098 of 2010, the learned counsel appearing for the fourth respondent submitted that the said order was passed without hearing the Kerala Coastal Zone Management Authority and that going by the CRZ notification issued by the Central Government, in respect of the lands in coastal zones which are included in CRZ category III, no construction whatsoever is permissible upto 200 metres from the High Tide line (HT line) and that the permissible activities do not include the construction of any industry. The learned counsel also submitted that the petitioner's lands lie within 200 metres from the HT line and therefore no construction is possible. In such circumstances, I am of the opinion that the interim relief prayed for cannot be granted. The prayer for interim relief is accordingly declined. Wpc 29062/2010 4 P.N.RAVINDRAN JUDGE lgk