IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 26221 of 2010(C) -------------------------- PETITIONER(S): --------------- ALPHONSA STREEDER, W/O. MARTIN STREEDER, MANGALATH HOUSE, KOONAMMAVU P.O., VALLUVALLI MURI, KOTUVALLI VILLAGE, PARAVOOR TALUK, PIN-683 518, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SMT.ROSY VARGHESE. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- PALLIPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PALLIPPURAM, CHERAI-683 514. *ADDL. R2 IS IMPLEADED: R2: THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, SASTHRA BHAVAN, REPRESENTED BY ITS CHAIRMAN (ADDL. R2 IS IMPLEADED SUO MOTU VIDE ORDER DATED 08.10.2010 ) R1 BY ADV. SRI.T.A.SHAJI R2 BY ADV. SRI.S.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26221 of 2010(C) APPENDIX PETITIONERS' EXHIBITS: P1. COPY OF SOME PHOTOGRAPHS OF THE FOUR ROOMS. P2. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 28.5.2010. P3. COPY OF THE ORDER NO.B-6905/10, DATED 02-08-2010 ISSUED BY THE RESPONDENT TO THE PETITIONER. P4. COPY OF THE JUDGEMENT IN W.A. NO.1612 OF 2009, DATED 4TH JUNE, 2010. P5. COPY OF TYPED JUDGEMENT (P.A. FAZAL GAFOOR VS. STATE OF KERALA AND OTHERS) OF THE HON'BLE SUPREME COURT OF INDIA, IN SPECIAL LEAVE TO APPEAL (CIVIL) NO.5038/2002, DATED 25.04.2003. RESPONDENTS' EXHIBITS: NIL. shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 26221 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2011 J U D G M E N T The petitioner is the owner of a building in Cherai. That building is within the non-development zone of Coastal Regulation Zone III as per the notification issued by the Central Government under the Environment Protection Act. It is a two storied building. The roof of the building is made up of asbestos. The petitioner wants to convert it into a concrete roof. The petitioner applied to the 1st respondent - Panchayat for a building permit to do the same. The Panchayat refused to issue permit on the ground that the area comes within the CRZ-III Zone which is a no- development zone and it would violate the notification. It is under the above circumstances the petitioner has approached this court seeking the following reliefs: “i. To issue a writ of certiorari calling for the records leading to Exhibit P3 and quash the same; ii. To issue a writ, direction or order in the nature of mandamus commanding the respondent to pass W.P.(C)No. 26221 of 2010 -2- appropriate orders on Exhibit P2 application in accordance with the provisions of Kerala Municipality Building Rules, 1999 forthwith;” 2. Subsequent to the filing of the writ petition, the Kerala Coastal Zone Management Authority has been impleaded as additional respondent in the writ petition. The contention of the petitioner is that, changing of the roof would amount to only repair of the building and therefore no violation of the coastal management plan is involved in changing the roof of the building and as such there cannot be any embargo in the petitioner changing the roof of the building for which the 1st respondent Panchayat is bound to issue permit if all other conditions are satisfied. 3. The 2nd respondent has filed a counter affidavit in paragraph 4 of which it is stated thus: “4. It is submitted that reconstruction/renovation of authorised buildings, (those constructions that were in existence prior to February, 19th 1991) can be permitted in CRZ III area subject to the condition that the existing plinth area, existing FSI and existing density shall not be increased and only for permissible activities. Hotel/beach resorts for temporary occupation of tourists are not permissible in the No Development Zone of CRZ III. This can be permitted only between 200m and 500m from High Tide Line of sea with prior approval of Ministry of Environment and Forests (MoEF), Government of India in designated tourism areas.” W.P.(C)No. 26221 of 2010 -3- 4. I am of opinion that conversion of asbestos roof into concrete roof is not mere repair but it would involve renovation of the building, at least, if not reconstruction. As such the same can be done only after obtaining permission from the 2nd respondent - the Kerala Coastal Zone Management Authority. In the above circumstances, this writ petition is disposed of without prejudice to the right of the petitioner to obtain permission from the 2nd respondent and then to move the 1st respondent for building permit. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/