IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 2697 of 2007(U) ------------------------- PETITIONER: -------------- P.C. SEBASTIAN, PALATHRA HOUSE, PONOTH ROAD, KALOOR P.O., ERNAKULAM, KOCHI - 682 017. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SASTHRA BHAVAN, THIRUVANANTHAPURAM. 2. KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SASTHRA BHAVAN, THIRUVANANTHAPURAM. 3. UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, NEW DELHI. 4. CHERANALLOR GRAMA PANCHAYAT, SPECIAL GRADE, S. CHITTOOR P.O. ERNAKULAM, KOCHI - 682 027. BY ADV. SRI.BABY THOMAS, CGC FOR R3 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, ALONG WITH WPC NOS.15012, 17303 & 17304/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2697/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOSTAT COPY OF THE SITE PLAN PREPARED BY THE PETITIONER SUBMITTED BEFORE THE 4TH RESPONDENT DT.NIL. EXT.P2: TRUE PHOTOSTAT COPY OF THE COMMUNICATION SENT by the SENIOR TOWN PLANNER, ERNAKULAM TO THE 4TH RESPONDENT, DT 11.10.2006. EXT.P3: TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THIS PETITIONER BEFORE THE 1ST RESPONDENT DT 18.1.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NOs. 2697 OF 2007 & 15012, 17303 & 17304 OF 2008 ==================== Dated this the 11th day of July, 2008 J U D G M E N T In these writ petitions, when applications made by the petitioners for building permits were declined by the Cheranellore Panchayat, the writ petitions have been filed challenging those orders and seeking other consequential reliefs. The reason for rejection of the applications for building permit as stated in all these orders are that the sites in respect of which applications have been made fall in CRZ-III under the Coastal Regulation Zone notification dated 19/2/1991. Therefore essentially what arises for consideration is whether the area falls in CRZ-III or under CRZ-II as contended by the petitioners, it being an area falling under the Greater Cochin Development Authority. Essentially this is a matter for the Coastal Zone Management Authority to consider and take a decision. 2. Therefore, I dispose of these writ petitions directing that the Coastal Zone Management Authority shall consider the question as to whether the sites in respect of which applications made by the petitioners fall within the CRZ-II or CRZ-III in terms of the Coastal Zonal Management Plan prepared by the said authority in pursuance to the CRZ notification WPC 2697 OF 2007 & 15012, 17303 & 17304/08 :2 : dated 19/2/1991. 3. In order to enable the Coastal Zone Management Authority to take such a decision, I direct that the petitioners here in shall make appropriate applications before the Coastal Zone Management Authority within 3 weeks from today with copy to the Cheranelloore Panchayat. On receipt of the applications as above, the Coastal Zone Management Authority shall consider the matter with notice to the Panchayat and pass appropriate orders thereon. 4. It is clarified that the construction undertaken by the petitioners in pursuance to the interim orders passed in these writ petitions will be subject to the outcome of the decision to be taken by the Coastal Zone Management Authority as above. 5. The decision shall be taken as expeditiously as possible, at any rate within 4 months of receipt of the representations as directed above. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp