High Court Kerala High Court

Mohammed Ali Koori vs Pallippuram Grama Panchayat on 16 July, 2009

Kerala High Court
Mohammed Ali Koori vs Pallippuram Grama Panchayat on 16 July, 2009
       

  

  

 
 
  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.
                  ....................................................................
                            W.P.(C) No.20998 of 2006
                  ....................................................................
                     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
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