IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 W.P.(C).No. 19227 of 2007 (S) PETITIONERS: 1. DAVOOS ANTONY, CHERUKATTUPARAMBIL, NETTOOR P.O., MARADU, KOCHI-682 304. 2. M.G. GIRIJAN, MOTHIRAPILLIL HOUSE, NETTOOR P.O., MARADU, KOCHI-682 304. 3. A.T. ASHOKAN, ADIMATHARA HOUSE, NETTOOR P.O., MARADU, KOCHI-682 304. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, SCIENCE AND TECHNOLOGY AND ENVIRONMENT COMMITTEE (STEC) AND EX-OFFICIO PRINCIPAL SECRETARY, SCIENCE AND TECHNOLOGY AND ENVIRONMENT DEVELOPMENT (STED), GOVERNMENT(SASTHRABHAVAN), THIRUVANANTHAPURAM. (The address of the 2nd respondent is corrected as KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, SCIENCE AND TECHNOLOGY AND ENVIRONMENT COMMITTEE (STEC) AND EX-OFFICIO PRINCIPAL SECRETARY, SCIENCE AND TECHNOLOGY AND ENVIRONMENT DEVELOPMENT (STED), SASTHA BHAVAN, PATTOM THIRUVANANTHAPURAM-4 as per order dated 16-8-2007 in I.A.No.11128/07) W.P.(C).No. 19227 of 2007 (S) :: 2 :: 3. THE MARADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARADU P.O., KOCHI-682 304. 4. THE PRESIDENT, MARADU GRAMA PANCHAYATH, MARADU P.O.,KOCHI-682 304 ADV. SRI.S.CHANDRASENAN FOR R3 & R4 GOVERNMENT PLEADER SMT.K.MEERA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 19227 of 2007 (S) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the said notification issued by the 2nd respondent dated 15.12.1990. Ext.P2: True copy of the said CRZ notification dated 19-02-1991. Ext.P3: True copy of the Resolution No.8 dated 09.03.2006 passed by the Grama Panchayat. Ext.P3(a): True copy of English translation of Resolution No.8 dated 09.03.2006 passed by the Grama Panchayat. Ext.P4: True copy of Resolution No.18 dated 12.09.2006. Ext.P4(a): True copy of English translation of Resolution No.18(a) dated 12.09.2006. Ext.P5: True copy of Resolution No.2 dated 05.06.2007. Ext.P5(a): True copy of English translation of Resolution No.2 dated 05.06.2007. Ext.P6: True copy of the Notification No.S.O.20(E) dated 04.01.2002. // True copy // P.A. to Judge jes S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19227 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September 2009 JUDGMENT S.R.BANNURMATH, C.J. This public interest litigation is filed with the following prayers: a) issue a writ of mandamus or other appropriate writ, order or direction to the 2nd respondent Kerala Coastal Zone Management Authority to prepare and publish revised map with appropriate modifications or amendments in the Coastal Zone Management Plan relating to Maradu Grama Panchayat area expeditiously; b) direct the 3rd respondent to submit a factual report to the 2nd respondent, properly identifying the “developed areas” in the Maradu Grama Panchayat fit to be classified under CRZ II; c) issue a writ of mandamus or other appropriate writ, order or direction to the 2nd respondent to consider and take steps expeditiously to classify the “developed areas” in Maradu Grama Panchayat under CRZ II; 2. On issuance of the notice, both the State and the Maradu Grama Panchayat have filed their counter. It is the contention of the Government that basically as per the guidelines this Panchayat does not come within the CRZ-II category as it is not designated as an urban area. However, on reconsideration, it is stated that Sub committee has been formed by Kerala Coastal Zone Management authority to suggest the reclassification of CRZ-III areas into CRZ-II in the state and in this W.P.(C)No.19227 OF 2007 :: 2 :: regard details and particulars have been collected from the Local Self Government Department for preparation of the report and action to be taken thereafter. 3. In view of the latest developments and steps taken, this writ petition of 2007 need not be kept pending. It is made clear that irrespective of the disposal of the writ petition, it is open for the petitioners to challenge the reclassification prepared as noted above, if he feels aggrieved. All the contentions raised in the writ petition are kept open. With the above observations, writ petition is disposed of. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes/vku