The Court disposed of a writ petition where the petitioner aggrieved against a direction to the Panchayath to approach the Kerala Coastal Zone Management Authority for sanction of construction. The Court held that the petitioner ought to have obtained such sanction for regularisation.
Writ petition disposed of. No costs.
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 K.VINOD CHANDRAN
THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
WP(C).No. 5549 of 2009 (K)
PETITIONER(S):
JOSEPH STANLY, S/O.EASUKUTTY @ JOB, AGED 39, KANNANGERIL HOUSE, KOTHAD. P.O, CHENNUR, VARAPUZHA, ERNAKULAM DISTRICT.
BY ADVS.SRI.DENIZEN KOMATH, SRI.SHERRY J. THOMAS.
RESPONDENT(S):
1. KADAMAKKUDI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY.
2. DISTRICT COLLECTOR, ERNAKULAM.
3. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, SASTRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-04, REPRESENTED BY ITS CHAIRMAN.
4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI.
R1 BY ADV. SRI.K.M.VARGHESE. R2 BY SR. GOVT. PLEADER SRI.RENIL ANTO. R4 BY ADV. SRI.N.NAGARESH, ASSIST. S.G. OF INDIA. SRI.ABRAHAM THOMAS, CGC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 5549 of 2009 (K)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:-
EXT.R4A COPY OF THE S.O.1758(E) DATED 21/07/2008.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.5549 of 2009 - K
======================
Dated this the 27th day of October, 2016
J U D G M E N T
The petitioner is aggrieved with the
non-consideration of an application for numbering of the building, renovated by the petitioner. This Court had directed provisional numbering of the building. The grievance raised is the direction of the Panchayath to approach the Kerala Coastal Zone Management Authority, the 3rd respondent herein for sanction of construction.
petitioner's building was constructed before the Kerala Municipality Building Rules, 1999 was made applicable to the Panchayaths. This is evidenced by Ext.P2, wherein the Panchayath has stated that the registers maintained to
2
W.P.(C) No.5549 of 2009 - K
evidence the constructions shown as Item No.9 under Ward No.III, as a construction made by one Joseph Stanly, the petitioner herein, of a residential house with concrete roofing before July 2007.
The writ petition would stand disposed of. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/28/10/2016
// true copy //
P.A to Judge
1 issue framed by the court
Whether the grievance regarding direction to approach the Coastal Zone Management Authority for sanction should be entertained by this Court.
Joseph Stanly
Kadamakkudi Grama Panchayat
District Collector, Ernakulam
The Kerala Coastal Zone Management Authority
Union of India
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
