High CourtsDivision Bench(2012) 04 KL CK 0015

Suja Sabu, Panakkaprambil, Narayambalam, North Parur-683 513 vs Pallipuram Grama Panchayath and Kerala State Coastal Zone Management Authority

High Court Of Kerala · Decided on 17 April 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J · Babu Mathew P. Joseph, J
CASE NUMBER
WA. No. 819 of 2012 in WPC/7887 of 2012

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Judgment

3 paragraphs · 291 words

Ramachandran Nair, J.—The Writ Appeal is filed against the interim order passed by a learned Single Judge of this Court in W.P.(C) No. 7887/2012 dated 11.4.2012. As per the said interim order, this Court had made it clear that the petitioner will be at liberty to challenge rejection of the permit or to approach the Coastal Zone Management Authority, seeking exemption. Exhibit P1 produced in W.P.(C) No. 7887/12 is the application submitted by the appellant before the Panchayat for grant of permit and Exhibit P2 is the reply given by the Panchayat, rejecting the application, for the reason that the construction will be within the Coastal Regulation Zone.

2.

Heard the learned counsel for the appellant, the learned counsel appearing for the 1st respondent-Panchayat and the learned counsel appearing for the 2nd respondent. The learned counsel for the appellant submitted that the authority, namely the 2nd respondent cannot have a role in the matter, whereas the learned counsel appearing for the 2nd respondent submitted that since various questions will have to be decided, the appellant can submit an application in the form prescribed, namely Form No.I of Annexure IV to the CRZ Notification, 2011. It is the submission of the learned counsel for the appellant that the same may not be the prescribed form. Since it is submitted by the learned counsel for the 2nd respondent submitted that the same will apply to the case of the petitioner, we direct the appellant to submit an application in the prescribed form to the 2nd respondent within a period of one week and the 2nd respondent will communicate the decision, after completing all the formalities and necessary enquiries, if any, within a period of sixty days.

The Writ Appeal is accordingly disposed of.