In W.P.(C) No. 6629 of 2008, the Court directed the Kerala State Coastal Management Authority to take up a specific application, hear petitioner, and decide within one month pending, thereby staying the Panchayat's demolition order.
Stay on demolition; direction to Authority to process application within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930
WP(C).No. 6629 of 2008(L) -------------------------
PETITIONER:
K.S.BABY, KAITHAPPILLIL, RAMAMANGALAM MUVATTUPUZHA.
BY ADV. SRI.C.VALSALAN SRI.I.K.RAJU SRI.K.RAKESH ROSHAN SMT.THUSHARA.V SRI.BIJU J.THADIKKAL
RESPONDENTS:
REP. BY THE SECRETARY, MINISTRY ENVIRONMENT AND FORESTS, NEW DELHI.
*ADDL.R5.THE SECRETARY, KERALA STATE COASTAL MANAGEMENT AUTHORITY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM.
*ADDL.R5 IS IMPLEADED AS PER THE ORDER DATED 24.3.2008 IN I.A.NO.4064/08.
R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R4 BY ADV.SRI.T.R.RAJAN
SRI.T.K.DEVARAJAN R1, R3 & R5 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6629 of 2008
- - - - - - - - - - - - - - - - - - - - - - - - - Dated: 24th March, 2008
JUDGMENT
Having regard to the various grounds raised in the Writ Petition and the prayers therein and the orders of the Supreme Court governing the issue, I dispose of the Writ Petition directing the additional 5th respondent to take up Ext.P5, hear the petitioner and take a correct and just decision on Ext.P5 at the earliest and at any rate within one month of receiving copy of this judgment. The additional 5th respondent will call for remarks from the 4th respondent before orders are passed. Considering the above directions, the demolition of the building by the Panchayat will stand stayed till such time as the additional 5th respondent takes a decision on Ext.P5.
srd
PIUS C.KURIAKOSE, JUDGE
1 issue framed by the court
Whether the demolition of the building by the Panchayat should be stayed pending decision on the application.
K.S. BABY
STATE OF KERALA
UNION OF INDIA
DEPARTMENT OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
SECRETARY, KOZHUPILLY GRAMA PANCHAYAT
KERALA STATE COASTAL MANAGEMENT AUTHORITY
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
