Sivaji vs Pallippuram Grama Panchayat on 18 January, 2017

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Kerala High Court

Sivaji vs Pallippuram Grama Panchayat on 18 January, 2017

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

        THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  WEDNESDAY, THE 18TH DAY OF JANUARY 2017/28TH POUSHA 1938

                    WP(C).No. 25523 of 2010 (M)
                   ----------------------------
PETITIONER(S):
-----------
         SIVAJI, S/O.KARUNAKARAN, AGED 30 YEARS,
         PUNNAKKAL, VYPIN KARA, CHERAI, PALLIPURAM VILLAGE,,
         KOCHI TALUK.

           BY ADVS.SRI.T.V.GEORGE
                   SRI.JIMMY GEORGE (THADATHIL)
RESPONDENT(S):
--------------

      1.   PALLIPPURAM GRAMA PANCHAYAT,
           REPRESENTED BY ITS SECRETARY,
           PALLIPPURAM,, CHERAI, KOCHI TALUK 683 514.

      2.   UNION OF INDIA, REPRESENTED BY ITS
           PRINCIPAL SECRETARY, MINISTRY OF ENVIROMENT AND,
           FOREST "PARYAVARAN BHAVAN" C.G.O.COMPLEX,
           LODI ROAD, NEW DELHI.

      3.   STATE OF KERALA, REPRESENTED BY ITS
           CHIEF SECRETARY, GOVERNMENT SECRETARIAT,,
           THIRUVANANTHAPURAM-695 001.

      4.   KERALA COASTAL ZONE MANAGEMENT AUTHORITY
           REPRESENTED BY ITS CHAIRMAN,SECIENCE TECHNOLOGY,
           AND ENVIRONMENT COMMITTEE AND EX.OFFICIO PRINCIPAL
           SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT
           DEPARTMENT,SASTHA BHAVAN,
           THIRUVANATHAPURAM-695 001

                 R1 BY ADVOCATE SRI. T.A. SHAJI
      R3&R4 BY SR. GOVERNMENT PLEADER SANTHOSH PETER
      ADDL.SOLICITOR GENERAL OF INDIA SRI. BNAGARESH FOR R2


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18-01-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:



                 B. SUDHEENDRA KUMAR, J.
              .....................................................

               W.P. ( C) No. 25523 of 2010 - M
              .....................................................

           Dated this the 18th day of January, 2017


                               JUDGMENT

When this matter has been taken up for hearing, the learned counsel for the Petitioner has submitted that the petitioner needs only a permission to submit a representation before the first respondent Panchayath for granting regularisation on the strength of building permit issued provisionally in the light of the order passed by this Court and that he is not pressing the reliefs sought for in this Writ Petition.

2. The learned counsel for the respondents also placed no objection in allowing the above said prayer of the petitioner.

3. In view of the above submission at the Bar, this writ Petition stands closed.

-: 2 :-

W.P. ( C) No. 25523 of 2010 - M

4. However, the Writ Petitioner is granted liberty to approach the first respondent with a representation within two months from today, for regularisation of the building constructed by him in the light of the provisional permit issued on the strength of the interim orders passed by this Court, and if the petitioner submits any such representation before the first respondent, the first respondent shall consider and dispose of the said representation in accordance with law, taking into consideration of the Coastal Regulation Zone Notification, 2011, particularly, the relaxation to CRZ for Kerala coming under Para V(2) namely; areas requiring special consideration, as expeditiously as possible and at any rate within six months from the date of submission of such representation.

In the result, this Writ Petition stands closed.

B. SUDHEENDRA KUMAR, JUDGE.

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