The High Court of Kerala disposed of a writ petition seeking directions to stop resort construction and road diversion. The Court recorded submissions and held that no further orders were required as respondents clarified the lack of current proposals.
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 N.NAGARESH
TUESDAY, THE 08TH DAY OF DECEMBER 2020/17TH AGRAHAYANA, 1942
WP(C).No.23654 OF 2014(F)
PETITIONER:
JUSTIN A.V., AGED 49 YEARS, S/O. VINCENT, ARACKAL HOUSE, PUNNAPRA P.O., ALAPPUZHA.
BY ADV. SRI.MATHEW JAMES
RESPONDENTS:
1 DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA-688001.
2 SECRETARY, KERALA COASTAL ZONE MANAGEMENT AUTHORITY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.
PUNNAPRA SOUTH PANCHAYATH,
PUNNAPRA.P.O., ALAPPUZHA-688004.
PROPRIETOR, ADITYA HOUSEBOAT CRUISE, PARAMOOTTIL, M.O. WARD, ALAPPUZHA-688001.
5 THE SUB INSPECTOR OF POLICE, PUNNAPRA POLICE STATION, ALAPPUZHA-688004.
ADDL. 6
MARIA POPPINA, D/O C.V.VARGHESE, CHENGINIMATTOM HOUSE, MANJUMMEL P.O., ERNAKULAM DISTRICT, NOW RESIDING AT P.O. BOX NO.37178, IND AREA-8, SHARJAH, U.A.E.,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER, C.V.VARGHESE, S/O C.O.VARGHESE,
CHENGINIMATTOM HOUSE, MANJUMMEL P.O., ERNAKULAM DISTRICT.
WP(C) No.23654/2014
: 2 :
ADDL. 7 ANOOJ, S/O SHAJAHAN, ANOOJ MANZIL, NELLIMOOTTIL, KULATHUPUZHA VILLAGE, PATHANAPURAM TALUK, KOLLAM NOW RESIDING AT P.O.BOX NO.37178, IND AREA-8, SHARJAH, U.A.E., REPRESENTED BY HER POWER OF ATTORNEY HOLDER, C.V.VARGHESE, S/O C.O.VARGHESE, CHENGINIMATTOM HOUSE, MANJUMMEL P.O., ERNAKULAM DISTRICT.
(ARE IMPLEADED AS PER ORDER DATED 28.10.2016 IN I.A.No.18137/2015)
R1 & R5 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN R3 BY ADV. SRI.R.AZAD BABU, R.REKHA R4 BY ADV. SRI.M.SREEKUMAR BY SRI.M.P.PRAKASH, SC, KCZMA R2 BY ADV. SRI.K.R.SUNIL, KERALA COASTAL ZONE MANAGEMENT AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.23654/2014
: 3 :
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 8th day of December, 2020
The writ petition has been filed seeking to direct respondents 1 to 3 and 5 to stop the construction of resort by the 4th respondent and shifting/diversion of the existing coastal road starting from St. Jude Church leading to Vavakkad river on south-north direction.
WP(C) No.23654/2014 : 4 :
development zone.
that such new construction or change of alignment of road cannot be done in the area without the seal of approval of Coastal Regulation Zone Authorities.
Accordingly, the writ petition is disposed of recording the submissions made hereinabove.
Sd/-
N. NAGARESH, JUDGE
aks/08.12.2020
WP(C) No.23654/2014
: 5 :
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY | OF THE RELEVANT PA | GE OF | THE |
|---|---|---|---|---|
| PASSBOOK FISHERMEN |
ISSUED BY THE WELFARE BOARD. |
KE | RALA | |
| EXHIBIT P2 | TRUE COP THE M ALAPPUZHA |
Y OF THE DISCHARGE EDICAL COLLEGE DATED 20-4-2000 |
CARD HOSP |
FROM ITAL |
| EXHIBIT P3 | TRUE COPY 4TH RESPO |
OF THE BUSINESS CA NDENT. |
RD OF | THE |
| EXHIBIT P4 | COPY OF COASTAL PROGRESS |
THE PHOTOGRAPH REVE ROAD, CONSTRUCTION OF THE BUILDING. |
ALING SITE |
THE AND |
| EXHIBIT P4(A) | COPY OF COASTAL PROGRESS |
THE PHOTOGRAPH REVE ROAD, CONSTRUCTION OF THE BUILDING. |
ALING SITE |
THE AND |
| EXHIBIT P4(B) | COPY OF COASTAL PROGRESS |
THE PHOTOGRAPH REVE ROAD, CONSTRUCTION OF THE BUILDING. |
ALING SITE |
THE AND |
| EXHIBIT P4(C) | COPY OF COASTAL PROGRESS |
THE PHOTOGRAPH REVE ROAD, CONSTRUCTION OF THE BUILDING. |
ALING SITE |
THE AND |
| EXHIBIT P5 | TRUE COP BEFORE TH |
Y OF THE COMPLAINT E 1ST RESPONDENT. |
SUBMI | TTED |
| EXHIBIT P6 | TRUE COP THE LOC RESPONDEN |
Y OF THE REPRESEN AL PEOPLE BEFORE T. |
TATION THE |
OF 3RD |
| EXHIBIT P7 | TRUE ACKNOWLED |
COPY OF THE GING RECEIPT OF EXT |
REC .P6. |
EIPT |
| EXHIBIT P8 | TRUE CO | PY OF THE NOTI | CE D | ATED |
| 28.8.2014 RESPONDEN |
ISSUED BY T. |
THE | 3RD |
WP(C) No.23654/2014
: 6 :
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 27.9.2014 ISSUED BY THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS:
| EXHIBIT R4(A) | TRUE COPY | OF TH | E TAX | RECEIPT |
|---|---|---|---|---|
| No.2460676 D THE 4TH RESPO |
ATED 15. NDENT. |
9.2011 IS |
SUED TO |
|
| EXHIBIT R4(B) | TRUE COPY O | F THE | RECEIT No | .1784197 |
| DATED 21.7. | 2014 I | SSUED FR | OM THE | |
| OFFICE OF P TO 4TH RESPON |
UNNAPRA DENT. |
GRAMA PA | NCHAYATH | |
| EXHIBIT R4(C) | TRUE COPY | OF | THE SALE | DEED |
| NO.3544/2014 ALAPPUZHA DAT |
OF SUB ED 16.9. |
REGISTRY 2014. |
OFFICE, |
|
| EXHIBIT R4(D) | TRUE COPY NO.3545/2014 ALAPPUZHA DAT |
OF OF SUB ED 16.9. |
HE SALE REGISTRY 2014. |
DEED OFFICE, |
| EXHIBIT R4(E) | TRUE COPY | OF | THE SALE | DEED |
| NO.3542/2014 ALAPPUZHA DAT |
OF SUB ED 16.9. |
REGISTRY 2014 |
OFFICE, | |
| EXHIBIT R4(F) | TRUE COPY NO.3543/2014 ALAPPUZHA DAT |
OF OF SUB ED 16.9. |
THE SALE REGISTRY 2014. |
DEED OFFICE, |
Justin A.V.
District Collector, Collectorate, Alappuzha
Secretary, Kerala Coastal Zone Management Authority
Secretary, Punnapra South Panchayath
Mathew P.C.
Sub Inspector of Police, Punnapra Police Station
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
