A. Abdul Kader vs Pappinissery Grama Panchayath on 28 November, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30437 of 2006(W)


1. A. ABDUL KADER, S/O.ABOBACKER,
                      ...  Petitioner
2. A. ABDUL HAMEED, S/O.ABOBACKER,

                        Vs



1. PAPPINISSERY GRAMA PANCHAYATH
                       ...       Respondent

2. THE STATE OF KERALA, REP. BY THE

3. THE KERALA COASTAL ZONE MANAGEMENT

4. THE DISTRICT COLLECTOR, KANNUR.

                For Petitioner  :SMT.LATHA PRABHAKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :28/11/2006

 O R D E R
                        PIUS C.KURIAKOSE, J.

                       ----------------------------------

                    W.P.(C)NO. 30437  of    2006

                       ----------------------------------

            Dated this   28th  day of   November, 2006




                                JUDGMENT

The petitioners are aggrieved by Ext.P3 order passed by

the Secretary of the Pappinissery Grama Panchayat rejecting

their application for construction of a residential building on the

ground that house construction is not permitted since the

property of the petitioners falls within the Coastal Regulation

Zone area. Smt. Latha Prabhakaran, the learned Counsel for

the petitioner would refer to Ext.P4 and submit that the

petitioners are yet to be served with a copy of the letter of the

member Secretary of the Kerala Coastal Zone Management

Authority dated 9.5.2005 referred to in Ext.P3. The learned

counsel would also submit that she will be able to convince this

court that the petitioners’ property does not fall within the CRZ

area.

2. Even though learned Counsel was very persuasive in

her submissions, since I find that the petitioners have remedy by

WPC No. 30437/2006 2

way of an appeal against Ext.P3, I am not inclined to examine the

merits of the matter. I therefore, relegate the petitioners to

remedy by way of an appeal against Ext.P3. However,

considering submission of the petitioners that the petitioners

have not even been supplied with a copy of letter No.

65/B1/05/C 2002 dated 9.5.2005 of the Secretary of the Kerala

Coastal Zone Management Authority so far, there will be a

direction to the first respondent Panchayat to serve the

petitioners with a copy of that letter within three weeks of the

petitioners making available copy of this judgment.

The writ petition will stand disposed of with the above

direction relegating the petitioners to remedy by way of an

appeal against Ext.P3.

PIUS C.KURIAKOSE

Judge

dpk