IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 12051 of 2011(F) -------------------------------------- PETITIONER(S): ----------------------- V.J. JACOB, VAZHAPPILLY HOUSE, AYYAMPPILLY, KUZHUPPILLY, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): ------------------------- 1. KUZHUPPILLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, AYYAMPPILLY, KUZHUPPILLY, KOCHI TALUK. 2. UNION OF INDIA, REPRESENTED BY PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, "PARYAVARAN BHAVAN", C.G.O. COMPLEX, LODI ROAD, NEW DELHI. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 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. R1 BY ADV. SRI.H.B.SHENOY, SC. R2 BY ADV. MR.P. PARAMESWARAN NAIR, ASST. SG. OF INDIA. R3 BY GOVT. PLEADER MR.RAFEEQUE V.K. R4 BY ADV. MR.S. RAMESH, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 12051 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PLAN OF THE PROPOSED CONSTRUCTION. EXT.P2: COPY OF THE COMMUNICATION DATED 28/01/2011 THE SECRETARY OF THE PANCHAYAT. EXT.P3: COPY OF THE COASTAL REGULATION ZONE NOTIFICATION, WHICH IS PUBLISHED ON 06/01/2011. EXT.P4: COPY OF THE REQUEST DATED 17/10/2011 SUBMITTED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:- EXT.R1(a): COPY OF THE APPLICATION PERMIT DATED 10/01/2011 SUBMITTED BY PETITIONER TO 1ST RESPONDENT ON 11/01/2011. //TRUE COPY// P.S. TO JUDGE rs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 12051 OF 2011 ------------------------------- DATED THIS THE 19TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed seeking a direction commanding the lst respondent to grant building permit to the petitioner in accordance with Ext.P1 building plan or in the alternative directing the lst respondent to provisionally allow the petitioner to make the construction of his residential building as per Ext.P1 plan. 2. Heard the learned counsel for the petitioner, the Assistant Solicitor General of India, learned Government Pleader and the learned Counsel for respondents 1 and 4. 3. When the matter was taken up for consideration today, the learned counsel for the petitioner pointed out that Ext.P4 representation dated 17/10/2011 was submitted before the 4th respondent along with the building plan requesting him to grant permission for making construction as per the plan and the same is -2- W.P.(C).No.12051/2011 pending consideration. Learned Counsel for the petitioner requests this Court to direct the 4th respondent to consider and dispose of Ext.P4 representation within a time frame. 4. In the aforesaid facts and circumstances of the case, the writ petition is disposed of directing the 4th respondent to consider and pass appropriate orders on Ext.P4 representation, after affording an opportunity of being heard to the petitioner, within a period of three months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.