This writ appeal was dismissed as having become infructuous. The Court held that the national Coastal Zone Management Authority had completed its proceedings after hearing the appellants and other interested parties, making the pending appeal unnecessary.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
WA.No.1754 OF 2015
AGAINST THE JUDGMENT IN WPC 16706/2014 DATED 20-05-2015 OF HIGH COURT OF KERALA
APPELLANTS:
1 PARISTHITHI SAMRAKSHANA EKOPANA SAMITHI REPRESENTED BY THE CONVENOR, ODANAVATTOM VIJAYA PRAKASH, PARISTHITI - SAMRAKSHANA EKOPANA SAMITHI,
KOLLAM - 691 512.
2 ODANAVATTOM VIJAYA PRAKASH SHANTHA VILASAM, ODANAVATTOM P.O., KOLLAM- 691 512.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF MINISTRY OF ENVIRONMENTAL FOREST, NEW DELHI - 110 001.
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
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R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2& R6 BY SENIOR GOVERNMENT PLEADER SURIN GEORGE IPE R4 BY ADV. N.NARAGESH,ASGI R5 BY ADV. M.P.PRAKASH,STANDING COUNSEL R7-R8 BY ADV. P.B.SAHASRANAMAN R7-R8 BY ADV. T.S.HARIKUMAR R7-R8 BY ADV. K.JAGADEESH R9 BY ADV. M.V.THAMPAN(BY ORDER)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 4.2.2020, THE COURT ON 4.2.2020 DELIVERED THE FOLLOWING:
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JUDGMENT
S.MANIKUMAR,CJ
Inviting attention of this Court to the direction issued in the judgment in W.P.(C)No.5421/2011 and connected cases dated 20.5.2015, Mr.P.B.Sahasranamam, learned counsel appearing for respondent Nos.7&8 in writ appeal No.1754/2015 submitted that, pursuant to the direction issued to the National Coastal Zone Management Authority, respondent No.4 in W.P.(C) No.16706/2014, there was a hearing before the said Authority, wherein appellants in writ appeal No.1754/2015 also participated and after considering the material on record, the Authority has reached a conclusion that, the project site of M/s.Quilon Educational Trust is outside the CRZ and further decided to permit the Trust to resume the construction of the Engineering College proposed on the site as per the approved Coastal Zone Management Plan. It is further submitted that, the proceedings of the National Coastal Zone Management Authority has been challenged in a separate Writ Petition No.7826/2017 by the appellants herein, which is pending consideration and in the above circumstances, the instant appeal has become infructuous.
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submitted that, the issue as to whether Ext.P6 was validly issued or not was raised in the instant writ appeal and therefore, the contention that the said appeal has become infructuous, may not be accepted. In this context Mr.Kaleeswaram Raj, learned counsel for appellants also invited attention of this Court to the prayer made in W.P.(C) No.16706/2014, which are as follows:
record.
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Trust, 7th respondent herein, local residents and the appellants before granting clearance to the project as recommended in Ext.P6 and accordingly issued the
directions which are reproduced hereunder:
taken up by National Coastal Zone Management Authority, an application of
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stay was filed before this Court and this Court was not inclined to grant any stay. According to the learned counsel for appellants, there was no other alternative than to participate in the said proceedings before the Authority.
“ Agenda No.5
Re-consideration of the matters pertaining to development of an Engineering College at Adichannlor Village of Kollam District, Kerala.
5.1 The Authority noted the decision of its previous meeting in the subject matter and requested to share the recommendations of the committee constituted to look into the issues related to matter with all the members.
5.2 Shri Bishwanath Sinha, Joint Secretary, informed that the committee met on 21st March, 2016 to deliberate on the note of Kerala CZMA and conclude the matter. Advocates for the petitioners, respondents and the representative from Kerala CZMA attended the meeting. The Committee discussed the consolidated note from the Kerala CZMA, and sought views of all the parties. During the meeting, representative of Kerala CZMA contended that vide Order dated 10" December 2012, it has been clarified that the project site is out of CRZ area and hence the question of it being in "No Development Zone” does not arise. The Committee after hearing all the concerned parties, deliberated on their respective contentions. It was discussed that as per CRZ Notification, 2011 all developmental activities permissible under this notification shall be regulated within framework of the approved CZMPs. It was reiterated that as per the CZMP of the Kerala
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State which is prevailing, binding and applicable as on date, the project site does not fall under the CRZ and hence the question of it being in the 'No Development Zone', does not arise. The Committee reached to a unanimous conclusion that the project site of the M/s Quilon Education Trust is outside the CRZ and therefore the M/s Quilon Education Trust be permitted to resume the construction of the Engineering College proposed on the site as per the approved CZMP.
5.3 The Authority noted the observations and findings of the Committee vis a-vis the directions of Hon'ble High Court of Kerala vide their order dated 20th May, 2015. Further the Authority endorsed the recommendations of the Committee, as contained in para 5.2 above, concluding that the project site of M/s Quilon Educational Trust is outside the CRZ area as per the approved CZMP for the State of Kerala. The Authority also desired that Kerala CZMA should file a compliance report in Hon'ble High Court of Kerala in this regard.”
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directions have culminated into a final conclusion on 24th May, 2016, which cannot be upset and reversed in the instant writ appeal and 2) As stated supra, the decision taken by the National Coastal Zone Management Authority is the subject matter in Writ Petition No.7826/2017.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
2 issues framed by the court
Whether the writ appeal challenging the directions regarding the Coastal Regulation Zone clearance has become infructuous.
Whether the decision of the National Coastal Zone Management Authority precludes the instant appeal.
Paristhithi Samrakshana Ekopana Samithi
Odanavattom Vijaya Prakash
Union of India
State of Kerala
National Coastal Zone Management Authority
Quilon Educational Trust
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
