IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 9498 of 2009(F) ------------------------- PETITIONERS: --------------- 1. N.A.GEORGE, SON OF ANTONY, NADUVILA VEETTIL, MANJANAKAD, NJARACKAL, 2. T.S. ANIYAN, SON OF SHANMUGHAN, THUNDIPARAMBIL NJARACKAL. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT: --------------- NJRACKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NJRACKAL. ADV. SRI.S.SHANAVAS KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.9498/09 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE ORDER ISSUED TO THE 1ST PETITIONER DATED 6.3.09. EXT.P2: TRUE COPY OF THE ORDER ISSUED TO THE 2ND PETITIONER DATED 6.3.09. EXT.P3: TRUE COPY OF THE JUDGMENT (P.A.FAZAL GAFOOR V. STATE OF KERALA AND OTHERS)OF THE HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (CIVIL)NO.5038/02 DATED 25.4.03. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.9498 of 2009 F ---------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2010 JUDGMENT The petitioners have approached this Court seeking for a direction to the Panchayat to number the building. The objection, it appears, was with respect to the Coastal Regulation Zone(CRZ) notification. This Court by an interim order directed the respondent to provisionally number the building. It is submitted that a provisional number has already been granted. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the Panchayat. 3. The learned counsel for petitioner submitted that the matter regarding the amendment of the CRZ notification with regard to Vypin Group of Islands is now pending before the Government of India and a final decision is yet to be taken in the matter. My attention is invited to the directions issued by the Division Bench in Writ Appeal No.1612/2009 in a similar matter and it is submitted that the said directions can be adopted in this case also. Therein, the Division Bench after noticing the fact that the matter is pending before the Government of India, has W.P.(C)No.9498/09 -2- directed to maintain status quo as on the date of the judgment till the Government of India issues a revised CRZ notification. The Writ Appeal has been disposed of with the following directions. (i) The appellant shall not effect any further construction in the property in dispute till the Government of India takes a decision in the matter. (ii) The respondent shall not take any steps to demolish the buildings already constructed by the appellant till the Government of India takes a decision in the matter. The right of the appellant to have the construction of the buildings regularised and the buildings numbered on a regular basis would be subject to the decision taken by the Government of India regarding the proposed amendment to the CRZ notification. (iii) After the revised notification,if any, is issued by the Government of India amending the existing CRZ notification, it will be open to the appellant W.P.(C)No.9498/09 -3- to move the respondent Panchayat for regularising the construction and for numbering the building, if it does not offend the amended notification. 4. With regard to this Writ Petition also, the same directions will hold good. It is made clear that the status quo as on today will be maintained and the numbering of the building will be subject to the decision to be taken by the Government in the matter. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn