Disposed

Parappurath Kanakathan Vinod v. Pinarayi Grama Pancjayat

Kerala HC6 Jul 2022WP(C)/42084/2018

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition arising from an objection regarding the withdrawal of an occupancy certificate due to a Coastal Regulation Zone notification. The Court set aside a letter issued by the Coastal Authority and directed it to reconsider the matter based on a subsequent government notification amending the CRZ rules, with consequential orders to follow.

What did the court decide?

Ext.R1(e) set aside. Direction to Additional 3rd Respondent to reconsider matter per SO 1422(E) and forward decision to 1st Respondent within two months.

Parappurath Kanakathan Vinod Vs Pinarayi… — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C) NO. 42084 OF 2018

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 6^TH DAY OF JULY 2022 / 15TH ASHADHA, 1944

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WP(C) NO. 42084 OF 2018

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PETITIONER/S:

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PARAPPURATH KANAKATHAN VINOD AGED 41 YEARS S/O.RAJAN, FINANCE PROFESSIONAL, RESIDING AT CHATHUPPERIKANDY HOUSE, POYANAD, MAMBARAM P.O., PIN - 670 741, KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER C.K.RAVINDRAN, S/O.C.K.RAIRU, AGED 73 YEARS, CHATHUPPERIKANDY HOUSE, POYANAD, MAMBARAM P.O., PIN - 670 741, KANNUR DISTRICT.

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BY ADVS. R.SURENDRAN KUM.S.MAYUKHA

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RESPONDENT/S:

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1 PINARAYI GRAMA PANCJAYAT PINARAYI, REPRESENTED BY THE SECRETARY, PINARAYI GRAMA PANCHAYAT, PINARAYI P.O., PIN - 670741, KANNUR DISTRICT. 2 THE SECRETARY PINARAYI GRAMA PANCHAYAT, PINARAYI P.O., PIN- 670 741, KANNUR DISTRICT.

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3 ADDL.R3. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR, KSRTC BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM-695 001. BY ADVS. SRI.SATHEESHAN ALAKKADAN SRI.M.P.PRAKASH

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OTHER PRESENT:

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SMT. VIDYA KURIAKOSE GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 42084 OF 2018

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P.V.KUNHIKRISHNAN, J

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W.P.(C) No.42084 of 2018

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Dated this the 6^th day of July, 2022

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JUDGMENT

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The above writ petition is filed with following prayers :

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“a) Mandamus directing the second respondent to issue occupancy certificate to the petitioner in respect of the building constructed as per Exhibit P2 building permit No.423/11 dated 8.2.2011, within such period and /or in the alternative. b) Declaration that the petitioner has a deemed Occupancy Certificate in respect of the building constructed as per Exhibit P2 building permit No.423/11 dated 8.2.2011 and consequently direct the respondents to assign building number to the petitioner's building and

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c) Any other relief that the Honourable Court may deem appropriate to meet the ends of justice.” [SIC]

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The main prayer in the writ petition is to issue direction to the 2^nd respondent to issue occupancy certificate to the petitioner in respect of the building constructed as per Ext.P2 building permit. The objection raised by the Panchayat

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WP(C) NO. 42084 OF 2018 3

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is based on Ext.R1(e) issued by the additional 3^rd respondent. It is bring to the notice of this Court that Ext.R1(e) is dated 21.7.2018 and subsequent to that, the Government of India issued a notification as SO 1422(E) dated 1.5.2020 in which certain amendments are made in the CRZ notification 2011.

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In the light of the same, I think there can be a direction to the 3^rd respondent to reconsider the matter and based on the decision of the 3^rd respondent, the Panchayat can be directed to pass consequential orders.

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Therefore, this writ petition is disposed of with the following prayers :

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Ext.R1(e) is set aside.

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The additional 3^rd respondent is directed to reconsider the

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matter in the light of SO 1422 (E) dated 1.5.2020 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The additional 3^rd respondent immediately thereafter will forward a copy of the decision to the 1^st respondent as well as to the petitioner. Based on the decision of the addl. 3^rd respondent, the 1^st respondent will pass

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WP(C) NO. 42084 OF 2018

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consequential orders within two weeks from the date on which the decision is taken by the addl. 3^rd respondent .

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SD/- P.V.KUNHIKRISHNAN JUDGE

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SKS

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WP(C) NO. 42084 OF 2018

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APPENDIX OF WP(C) 42084/2018

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 4/9/2010 REGISTERED AS DOCUMENTS NO.2119 OF 2010 OF SRO KATHIROOR. EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT NO.423/11 DATED 8/2/2011 WITH THE APPENDED PLAN ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 17/12/2013, IN FORM APPENDIX-E SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

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RESPONDENT EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF THE COMPLETION CERTIFICATE AND THE PLAN SUBMITTED BY THE WRIT PETITIONER ON 25.09.2015. EXHIBIT R1(B) TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER ALONG WITH THE APPLICATION FOR BUILDING PERMIT. EXHIBIT R1(C) TRUE COPY OF THE PETITION IN PLP NO.14/2018 SUBMITTED BY THE PETITIONER BEFORE THE LEGAL SERVICE AUTHORITY THALASSERY. EXHIBIT R1(D) TRUE COPY OF THE STATEMENT IN PLP NO.14/2018 FILED BY THE PANCHAYAT BEFORE THE LEGAL SERVICE AUTHORITY THALASSERY. EXHIBIT R1(E) TRUE COPY OF THE LETTER NO.2161/A3/16/KCZMA DATED 21.7.18 ISSUED BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY TO THE PANCHAYATH

Parappurath Kanakathan Vinod v. Pinarayi Grama Pancjayat

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Parappurath Kanakathan Vinod v. Pinarayi Grama Pancjayat

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