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. 3152 of 2008(A) ------------------------- PETITIONER: ------------ N.C.KARUNADAS, S/O.GOVINDAN NAIR, NODIYA PARAMBIL CHARAMTHODI, ARIYALLUR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRIC.M.MOHAMMED IQUABAL RESPONDENTS: ------------- 1. VALLIKKUNNU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.VALLIKKUNNU, MALAPPURAM DISTRICT. 2. SECRETARY, VALLIKKUNNU GRAMA PANCHAYATH, P.O.VALLIKKUNNU, MALAPPURAM DISTRICT. ADDITIONAL RESPONDENT 3. THE COASTAL ZONE MANAGEMENT AUTHORITY SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM Additional respondent is suo motu impleaded vide judgment dated 28/01/08 BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR 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.3152 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2008 JUDGMENT The Coastal Zone Management Authority, Sasthra Bhavan, Pattom, Thiruvananthapuram is impleaded suo motu as additional third respondent. Registry will carry out corrections in the cause title. 2. Petitioner challenges in this writ petition under Article 226 Ext.P7 order of the first respondent Panchayat. Ext.P7 order has been issued by the first respondent Panchayat in response to Ext.P5 judgment. In Ext.P7, the Panchayat holds that petitioner's building cannot be numbered and is liable to be demolished since the same offends the CRZ Regulations. Petitioner asserts that his building does not violate the CRZ Regulations at all. 3. I am of the view that the issue is to be resolved by the additional third respondent authority. The petitioner is permitted to move the additional third respondent authority by appropriate representation in that regard seeking either modification or amendment of the coastal zone management plan or a direction WPC.No.3152/08 2 to the effect that the construction put up by him does not offend the coastal zone management plan. If such a representation is received by the additional third respondent from the petitioner within one month from today, the additional third respondent will hold enquiries, hear the petitioner as well as the Panchayat and take a correct decision. Decision as directed above will be taken by the additional third respondent within two months from the date of receipt of such a representation. Till such time as the additional third respondent takes a decision on the prospective representation from the petitioner, the Panchayat will not demolish the building put up by the petitioner. In the meanwhile the petitioner is also permitted to approach the Panchayat seeking provisional numbering of the building in question, in which case, that application will be considered by the Panchayat in the light of this judgment. Writ Petition is disposed of. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.3152/08 2