IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17242 of 2008(C)
1. SIVARAMAN SOMAN
... Petitioner
Vs
1. THE SECRETARY, KOTTUVALLY GRAMA PANCHT
... Respondent
For Petitioner :SRI.ISSAC M.PERUMPILLIL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/06/2008
O R D E R
ANTONY DOMINIC, J.
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No. 17242 OF 2008 (C)
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Dated this the 10th June 2008
J U D G M E N T
Petitioners are aggrieved by Exts. P4 and P6 issued by the 1st
respondent Panchayat describing the construction to be in violation
of the CRZ Notification of 1991. On this basis, petitioner has been
directed to demolish the structures. In Ext. P9 order of the Apex
Court, it was clarified that a dispute as to whether a particular
structure or area comes within the Coastal Regulation Zone is a
matter to be clarified by a Coastal Zone Management Authority.
Taking advantage of Ext. P9 which has been followed by this Court
in Ext. P10 judgment in W.P.(C) No. 11901/08, petitioner has filed
Ext. P12 application before the Coastal Zone Management Authority
which is the 3rd respondent in this writ petition.
2. In this writ petition what is sought for by the petitioners is
a direction to the 3rd respondent to consider and pass orders on Ext.
P12. In view of the pendency of Ext. P12 before the 3rd respondent
as stated by the petitioners, I feel, there is no reason to decline the
W.P.(C) No. 17242 OF 2008
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reliefs sought for by the petitioners.
3. Accordingly, the writ petition is disposed of directing that
the 3rd respondent shall take note of Ext.P12, hear the petitioners
and pass orders thereon. This shall be done as expeditiously as
possible, at any rate within 8 weeks of production of a copy of this
judgment. It is also directed that in the meanwhile further
proceedings pursuant to Exts. P4 and P6, will be kept in abeyance
by the Panchayat.
Petitioners shall produce copies of this judgment before
respondents 1 and 3 for compliance, along with a copy of this writ
petition.
ANTONY DOMINIC
JUDGE
jan/-