High Court Kerala High Court

P.K.Sreeja Rajan vs State Of Kerala on 24 June, 2008

Kerala High Court
P.K.Sreeja Rajan vs State Of Kerala on 24 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18871 of 2008(V)



1. P.K.SREEJA RAJAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.V.RAJAGOPAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :24/06/2008

 O R D E R
                          ANTONY DOMINIC, J.


                  = = = = = = = = = = = = = = =
                   W.P. (C) No. 18871 OF 2008 - V
                  = = = = = = = = = = = = = = =


                    Dated this the 24th June 2008


                             J U D G M E N T

Petitioner complains that a commercial complex constructed

on the side of the Highway is exposed to threat of demolition. It is

stated that the building is a two storied one and has been in

existence for the last more than 10 years. According to the

petitioner, the 3rd respondent has now issued Ext. P9 notice

alleging that the construction of the building is in violation of the

Coastal Regulation Zone Notification of 1991 and on that basis the

building is threatened to be demolished. It is challenging Ext. P9

notice this writ petition is filed.

2. A reading of Ext. P9 shows that on the allegation that the

building has been constructed in violation of the C.R.Z. Notification

the petitioner has been called upon to show cause why steps shall

not be taken against him. It is stated that if satisfactory reply is not

received within the time specified further action will be continued.

W.P.(C) No.18871 OF 2008

– 2 –

On receipt pf Ext. P9, petitioner has filed his reply Ext. P10 and

nothing is stated as to whether the 3rd respondent has taken any

final decision in this matter. Therefore, Ext. P9 being only a show

cause notice, I see no justification to entertain the writ petition.

3. Since the petitioner has already shown cause in response

to Ext. P9 by filing Ext. P10 reply it is for the 3rd respondent to take

decision on Ext. P10. If such decision is adverse to the petitioner, it

is also open to the petitioner to pursue the statutory remedy.

Therefore leaving it open to the petitioner to await final order

on Ext.P9 and thereafter to pursue his statutory remedy if final

decision communicated on Ext.P10 is adverse to him, this writ

petition is disposed of.

ANTONY DOMINIC
JUDGE
jan/-