IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20998 of 2006(Y)
1. MOHAMMED ALI KOORI, S/O. UNNEENKUTTY
... Petitioner
Vs
1. PALLIPPURAM GRAMA PANCHAYAT
... Respondent
2. UNION OF INDIA, REP. BY ITS SECRETARY
3. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.DENIZEN KOMATH
For Respondent :SRI.C.UNNIKRISHNAN, CGC
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :16/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.20998 of 2006
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Dated this the 16th day of July, 2009.
JUDGMENT
W.P. is filed for direction to the Panchayat to number the petitioner’s
building stated to be constructed in violation of the Coastal Zone
Regulations. However, this court gave an interim direction to the Panchayat
to number the building on a provisional basis. Standing Counsel appearing
for the first respondent submitted that petitioner has not constructed any
building. What he has done is construction of a shed for the purpose of
storing materials for construction of a building. If that be so, then there is
no need to grant any number to the shed and if number is given only based
on the interim order of this court, Panchayat is free to cancel the number
allotted to the shed. However, Panchayat should not demolish the shed if it
is used only for storage of materials for the purpose of construction of
building by the petitioner. Moreover, it is for the petitioner to apply before
the Panchayat for approval of plan for construction of building in
accordance with the Building Rules and subject to the Coastal Zone
Regulations applicable in that area.
C.N.RAMACHANDRAN NAIR
Judge
pms