IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 546 of 2008(M) ------------------------ PETITIONER: ------------ JACQUILIN VINCENT, JACK VILLA, TC 9/1803-1, BHARAT LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. BY ADV. SRI.B.JAYASURYA RESPONDENTS: ------------- 1. THE SECRETARY, KULATHOOR GRAMA PANCHAYATH, KULATHOOR, NEYYATTINKARA TALUK, UCHKKAD P.O., 695506, THIRUVANANTHAPURAM DISTRICT. 2. THE PRESIDENT, KULATHOOR GRAMA PANCHAYATH, KULATHOOR, NEYYATTINKARA TALUK, UCHAKKAD P.O., 695506, THIRUVANANTHAPURAM DISTRICT. *3. THE EXECUTIVE ENGINEER, KULATHOOR GRAMA PANCHAYATH, KULATHOOR, NEYYATTINKARA TALUK, UCHAKKAD P.O., 695506, THIRUVANANTHAPURAM DISTRICT. *CORRECTED (*CORRECTED AS ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT (ENGINEERING WING), KULATHOOR GRAMA PANCHAYAT, KULATHOOR, NEYYATTINKARA TALUK – AS PER ORDER DATED 20/02/2008 IN I.A.NO.2287/2008 IN THE WRIT PETITION) 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.K.JAJU BABU SRI.T.S.SHYAM PRASANTH SHRI.K.J.MOHAMMED ANZAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 546 of 2008 --------------------------------- Dated, this the 25th day of February, 2008 J U D G M E N T The grievance voiced by the petitioner in this writ petition is that the 1st respondent Panchayat is not considering the application submitted by him for the construction of a resort alleging that the proposed construction will violate the coastal zone regulations / notification. It is seen that Ext.P1 application was submitted by the petitioner and the Panchayat under Ext.P5 noted as many as 9 defects on the application and directed the petitioner to cure all those defects within 7 days of Ext.P5. The first prayer in this writ petition is that respondents 1 & 2 be directed to grant three more weeks time to the petitioner for rectifying the defects. There is no serious objection in the matter of granting the first prayer from the side of the learned counsel for the Panchayat. Accordingly, that prayer is granted and the petitioner is permitted to cure the defects noticed in Ext.P1 as stated in Ext.P5 within one month from today. Once the petitioner cures the defects pursuant to this judgment, the Panchayat will hear the petitioner on his contention that the Coastal Regulation Zone Rules do not apply to the construction proposed by him on the ground that the site is 600 m. away from the High Tide WP(C) No. 546/2008 -2- Line of the sea. During the course of hearing, if the Panchayat comes of the opinion that the issue will have to be resolved by the Coastal Management Authority, it is open to the Panchayat to forward the issue to the Coastal Management Authority so as to enable that Authority to take a decision in accordance with law. Once the defects are cured by the petitioner, hearing as directed above will be conducted by the Panchayat within a period of one month thereafter. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg