IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 28TH NOVEMBER 2006 / 7TH AGRAHAYANA 1928 WP(C).No. 30437 of 2006(W) -------------------------- PETITIONER: ------------ 1. A. ABDUL KADER, S/O.ABOBACKER, AGED 48 YEARS, ARAKKAL HOUSE, AZHEEKODE AMSOM DESOM, POST KALYASSERI, KANNUR DISTRICT. 2. A. ABDUL HAMEED, S/O.ABOBACKER, AGED 38 YEARS, ARAKKAL HOUSE, AZHEEKODE AMSOM DESOM, POST KALYASSERI, KANNUR DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SMT.M.V.ASHA BINDU RESPONDENTS: ------------- 1. PAPPINISSERY GRAMA PANCHAYATH KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA, REP. BY THE CHIEF SECRTARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, THIRUVANANTHAPURAM. REPRESENTED BY ITS DIRECTOR & MEMBER SECRETARY. 4. THE DISTRICT COLLECTOR, KANNUR. BY G.P. SRI.MATHEW G.VADAKKAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ---------------------------------- W.P.(C)NO. 30437 of 2006 ---------------------------------- Dated this 28th day of November, 2006 JUDGMENT The petitioners are aggrieved by Ext.P3 order passed by the Secretary of the Pappinissery Grama Panchayat rejecting their application for construction of a residential building on the ground that house construction is not permitted since the property of the petitioners falls within the Coastal Regulation Zone area. Smt. Latha Prabhakaran, the learned Counsel for the petitioner would refer to Ext.P4 and submit that the petitioners are yet to be served with a copy of the letter of the member Secretary of the Kerala Coastal Zone Management Authority dated 9.5.2005 referred to in Ext.P3. The learned counsel would also submit that she will be able to convince this court that the petitioners' property does not fall within the CRZ area. 2. Even though learned Counsel was very persuasive in her submissions, since I find that the petitioners have remedy by WPC No. 30437/2006 2 way of an appeal against Ext.P3, I am not inclined to examine the merits of the matter. I therefore, relegate the petitioners to remedy by way of an appeal against Ext.P3. However, considering submission of the petitioners that the petitioners have not even been supplied with a copy of letter No. 65/B1/05/C 2002 dated 9.5.2005 of the Secretary of the Kerala Coastal Zone Management Authority so far, there will be a direction to the first respondent Panchayat to serve the petitioners with a copy of that letter within three weeks of the petitioners making available copy of this judgment. The writ petition will stand disposed of with the above direction relegating the petitioners to remedy by way of an appeal against Ext.P3. PIUS C.KURIAKOSE Judge dpk