Review petition challenging an order requiring permission from Coastal Zone Management Authority for building reconstruction in a coastal regulation zone. The court held no grounds for review and dismissed the petition.
Review petition dismissed; petitioners directed to obtain necessary permission from the Coastal Zone Management Authority remain in force.
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 A.M.SHAFFIQUE
MONDAY, THE 30TH DAY OF MAY 2016/9TH JYAISHTA, 1938
RP.No. 294 of 2016
WP(C).20260/2015, DATED 21/03/2016
PETITIONERS/PETITIONERS :
1. ABDUL JALEEL, S/O. K.V.MOIDU, KAITHAVALAPPIL HOUSE, KODUNGALLUR-680 664.
2. SAHEEDA, W/O. ABDUL JALEEL, S/O. K.V.MOIDU, KAITHAVALAPPIL HOUSE, KODUNGALLUR-680 664.
BY ADV. SRI.P.B.SAHASRANAMAN
RESPONDENT(S)/RESPONDENTS :
1. KODUNGALLUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KODUNGALLUR-680 664.
2. KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS MEMBER SECRETARY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A.M. SHAFFIQUE, J.
============= R.P.No.294 of 2016
in
W.P. (C) No. 20260 of 2015
===================
Dated this, the 30th day of May, 2016
O R D E R
Petitioners have filed this review petition inter alia contending that the judgment dated 21/3/2016 requires to be reviewed on account of the fact that a further permission from Coastal Zone Management Authority is not required for reconstruction of the building. It is not in dispute that the area comes under Coastal Regulation Zone. In such issues, without even assuming that the petitioners have a deemed permit, the question to be considered is whether there is violation of regulations. Whether there is violation or not can be adjudicated only by the Coastal Zone Management Authority. It is in that circumstances that this Court directed the petitioners to obtain necessary permission from the said authority.
I do not find any grounds to review the judgment. Review petition is dismissed.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp30/05/2016 //True Copy//
P.S to Judge
1 issue framed by the court
Whether review of judgment requiring permission from Coastal Zone Management Authority for building reconstruction is warranted.
Abdul Jaleel
Saheeda
Kodungallur Municipality
Kerala Coastal Zone Management Authority
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
