Dismissed

T.P.Stanly v. State of Kerala

Kerala HC9 Oct 2023WP(C)/25705/2020

Case brief

AI extract

What is this about?

The court was approached via public interest litigation challenging alleged encroachment on Kumbalam Kayal for a fishermen's centre. Upon hearing counsel, it was established that CRZ clearance had been obtained and the centre was open. Consequently, the petition was dismissed and stopped on the files.

What did the court decide?

The writ petition was dismissed and pending interlocutory applications were closed.

T.P.Stanly Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 9TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945
WP(C) NO. 25705 OF 2020

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PETITIONER:

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T.P.STANLY

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AGED 64 YEARS, S/O. T.A PAILY,
THANNIPPILLY HOUSE, MATHA NAGAR,
KADAVANTHARA, KALOOR, PIN - 682 017.

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BY ADVS.
ALEX THANNIPPILLY
SRI.R.MURALEEKRISHNAN
SRI.K.MOHAMMED FAISAL NAHA

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, TRIVANDRUM PIN 695 001.

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R1 IS DELETED FROM PARTY ARRAY AS PER ORDER DATED
23/11/2020 IN WPC 25705/2020

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2 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, TRIVANDRUM PIN - 695 001.

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3 THE DISTRICT COLLECTOR, KAKKANAD, ERNAKULAM, PIN 682 030.

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4 THE SECRETARY, KUMBALAM PANCHAYAT, KUMBALAM, PIN 682 506.

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W.P.(C)No.25705 of 2020

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5 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY THE PRINCIPAL SECRETARY 4TH FLOOR, K.S.R.T.C BUS TERMINAL COMPLEX, THAMPANOOR, TRIVANDRUM, PIN 695 001.

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6 THE WET LAND AUTHORITY
REPRESENTED BY THE MEMBER SECRETARY,
4TH FLOOR K.S.R.T.C BUS TERMINAL COMPLEX,
THAMBANOOR TRIVANDRUM, PIN 695 001.

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BY ADVS.
SR.GP. K.P.HARISH
SRI.S.SHANAVAS KHAN
SHRI.M.P.PRAKASH, SC, STATE WETLAND AUTHORITY
KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.25705 of 2020

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¶26

JUDGMENT

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Dated this the 9^th day of October 2023

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V.G. Arun, J.

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The challenge in this writ petition, filed as a public interest litigation, is against the alleged encroachment into Kumbalam Kayal for the construction of livelihood support centre for fishermen. The petitioner alleges that the said construction is in

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violation of the Coastal Zone Regulation Notifications.

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Refuting the contention, the Kumbalam Panchayat has filed a statement, appending the CRZ clearance issued by the Kerala Coastal Zone Management Authority.

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We heard learned standing counsel for the Panchayat and the Kerala Coastal Zone Management Authority.

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It is informed by the counsel that clearance was obtained from the Kerala Coastal Zone Management Authority and thereafter, the construction was completed and the building opened to the public.

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In such circumstances, we see no reason to continue this

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W.P.(C)No.25705 of 2020

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writ petition on the files of this court. The writ petition is hence dismissed.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/-

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A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge

vpv

W.P.(C)No.25705 of 2020

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APPENDIX OF WP(C) 25705/2020

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RESPONDENT EXHIBITS

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Exhibit R4(a) True copy of Clearance No.9077/A2/14
KCZMA/S&TD dated 31st March 2016 of the
Kerala Coastal Zone Management Authority
Science and Technology A Department

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE LETTER SENT TO
RESPONDENTS DATED 14.5.2020

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EXHIBIT P2 GOOGLE MAP PHOTOGRAPH OF THE KUMBALAM
KAYAL IN THE YEAR 2011

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EXHIBIT P2(A) GOOGLE MAP PHOTOGRAPH OF KUMBALAM KAYAL
IN THE YEAR 2016

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EXHIBIT P2(B) GOOGLE MAP PHOTOGRAPH OF THE KUMBALAM
KAYAM IN THE YEAR 2020

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EXHIBIT P3 PHOTOGRAPH SHOWING THE ILLEGAL
ENCROACHMENT AND DUMPLING OF DERBIES,
WASTE MATERIALS AND CONSTRUCTION OF
MARKET AND SHOPPING COMPLEX BUILDING IN
THE KUMBALAM KAYAL

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EXHIBIT P3(A) PHOTOGRAPH SHOWING THE ILLEGAL
ENCROACHMENT AND DUMPING DERBIES, WASTE
MATERIALS AND CONSTRUCTION OF MARKET AND
SHOPPING COMPLEX BUILDING IN THE
KUMBALAM KAYAL

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EXHIBIT P3(B) PHOTOGRAPH SHOWING THE ILLEGAL
ENCROACHMENT AND DUMPING DERBIES, WASTE
MATERIALS AND CONSTRUCTION OF MARKET AND
SHOPPING COMPLEX BUILDING IN THE
KUMBALAM KAYAL

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W.P.(C)No.25705 of 2020

¶58

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EXHIBIT P3(C) PHOTOGRAPH SHOWING THE ILLEGAL
ENCROACHMENT AND DUMPING DERBIES, WASTE
MATERIALS AND CONSTRUCTION OF MARKET AND
SHOPPING COMPLEX BUILDING IN THE
KUMBALAM KAYAL

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EXHIBIT P3(D) PHOTOGRAPH SHOWING THE ILLEGAL
ENCROACHMENT AND DUMPING DERBIES, WASTE
MATERIALS AND CONSTRUCTION OF MARKET AND
SHOPPING COMPLEX BUILDING IN THE
KUMBALAM KAYAL

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EXHIBIT P3(E) PHOTOGRAPH SHOWING THE ILLEGAL
ENCROACHMENT AND DUMPING DERBIES, WASTE
MATERIALS AND CONSTRUCTION OF MARKET AND
SHOPPING COMPLEX BUILDING IN THE
KUMBALAM KAYAL

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//TRUE COPY//

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P.A. TO JUDGE

T.P.Stanly v. State of Kerala

Case brief

What is this about?

What did the court decide?

T.P.Stanly v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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