IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 37984 of 2007(V) -------------------------- PETITIONER: ------------ 1. MOLLY, W/O.KUNJAPPAN, KANAPPILLY, NAYARAMBALAM P.O., PIN-682 509. 2. SHAJI, S/O.SUBRAN, MANGAD, NAYARAMBALAM P.O., PIN 682 509. 3. SANTHOSH, S/O.VIJAYAN, MANGAD, NAYARAMBALAM P.O., PIN 682 509. 4. KISHORE, S/O.SREEDHARAN, PUTHUMANA, NAYARAMBALAM P.O., PIN 682 509. 5. SURESH, S/O.SREEDHARAN, PUTHUMANA, NAYARAMBALAM P.O., PIN - 682 509. 6. LEVAN, S/O.CHELLAPPAN, CHULLIPARAMBIL, NAYARAMBALAM P.O., PIN 682 509. 7. LISSY, W/O.JOSEPH, PALLIPARAMBIL, NAYARAMBALAM P.O., PIN 682 509. 8. ANTONY, S/O.JOSE, KURISINGAL, WARD NO.IV, NAYARAMBALAM P.O. PIN - 682 509. 9. THAMPI, S/O.VHEERAN, VALIYA VEETTIL, NAYARAMBALAM P.O., PIN - 682 509. 10. PUSHKARAN, S/O.DIVAKARAN, KANAKKATTUSSERI, NAYARAMBALAM P.O. PIN - 682 509. 11. THOMAS, S/O.MATHAPPAN, PLACHOTTIL, NAYARAMBALAM P.O., PIN - 682 509. 12. DYNA, S/O.GEORGE, PLACHOTTIL, NAYARAMBALAM P.O., PIN - 682 509. 13. BABU, S/O.PADMANABHAN, KALATHIL, NAYARAMBALAM P.O., PIN - 682 509. 14. VALSON, S/O.MAKOTHA, VALATHU, NAYARAMBALAM P.O., PIN 682 509. 15. JOSHY, S/O.THANKAPPAN, KAITHAVALAPPIL, NAYARAMBALAM P.O., PIN 682 509. 16. LEKSHMANAN, S/O.JANARDHANAN, THUNDIPURATHU, NAYARAMBALAM P.O. PIN 682 509. 17. SHABU, W/O.PAVITHRAN, THAYATTU PARAMBIL NAYARAMBALAM P.O., PIN - 682 509. 18. RENEESH, S/O.SREEDHARAN, PULICKAL, NAYARAMBALAM P.O., PIN - 682 509. 19. BIBEESH, S/O.SREEDHARAN, PULICKAL, NAYARAMBALAM P.O., PIN 682 509. 20. JEEVAN, S/O.DHARMAN, KADUKUNGASSERI, NAYARAMBALAM P.O., PIN 682 509. 21. LALAN, VILLARVATTATHU, NAYARAMBALAM P.O PIN 682 509. 22. ALICE, W/O.PAPPY, THEVARAKKATTU, NAYARAMBALAM P.O., PIN - 682 509. 23. BABU, S/O.NEELAMBARAN, PALAMOOTTIL, NAYARAMBALAM P.O., PIN - 682 509. 24. BABU, S/O.PERUMAL, KATTASSERI, NAYARAMBALAM P.O., PIN - 682 509. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------- 1. NAYARAMBALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NAYARAMBALAM P.O., PIN 682 509. 2. COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SASTRA BHAVAN, PATTAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.MURALEEDHARAN, ADDL.CGSC (R2) SRI.C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 37984 of 2007 ---------------------------------- Dated this the 28th day of January , 2008 JUDGMENT The Panchayat as well as the 2nd respondent have been served with notice. The 2nd respondent enters appearance through Assistant Solicitor General. It is submitted on behalf of the Assistant Solicitor General that instructions are yet to be received regarding the interim reliefs sought for. 2. I have heard the submissions of Sri.P.B.Sahasranaman, the learned counsel for the petitioners and those of the Central Government Standing Counsel representing the Assistant Solicitor General. My attention was drawn to the judgment of this court in Parthan v. Nayarambalam Grama Panchayat (2006 (3) KLT 734). It was pointed out by Sri.Sahasranaman, the counsel for the petitioners, and rightly so that the judgment in Parthan's case (supra) is binding on the first respondent Panchayat. 3. Having considered the judgment in Parthan's case, I am of the view that the petitioners will have to file appropriate application before the 2nd respondent seeking modification or amendment of CZMP appropriately in the light of the various observations in the WPC No.37984/2007 2 judgment in Parthan's case (supra). It is also open to the petitioners to seek declaration to the effect that the constructions made by them are all lawful constructions in view of the modification sought for. If any representations are received from the petitioners by the 2nd respondent within one month from today, the 2nd respondent will held due enquiries and take proper decision on those representations within three months of registering the representations. 4. Considering the above directions and the undisputed averment that the structures put up by the petitioners are small residential structures for accommodating the petitioners and their families who are fishermen, there will be a direction to the first respondent Panchayat to provisionally number the structures put up by the petitioners till the final decision is taken by the 2nd respondent on the representations to be filed by the petitioners. Numbering, as directed above, shall be made by the Panchayat within three weeks of receiving a copy of this judgment. The Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE, JUDGE. dpk WPC No.37984/2007 3