Kerala High Court
Poothotta Resorts Private Limited vs Manakunnam Village Padasekhara ... on 3 February, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
RP.No.804 OF 2019 IN WP(C). 17861/2009
AGAINST THE JUDGMENT IN WP(C) 17861/2009(S)
REVIEW PETITIONER/S:
POOTHOTTA RESORTS PRIVATE LIMITED,
REPRESENTED BY ITS DIRECTOR SRI. SHAJI MATHEW,
AGED 44 YEARS, S/O. K.C. MATHEW, FIRST FLOOR,
ANJANA COMPLEX, VYTTILA, COCHIN-682019.
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENT/S:
1 MANAKUNNAM VILLAGE PADASEKHARA SAMRAKSHA
SAMITHI, KANDANAD-682305, REPRESENTED BY ITS
SECRETARY, K.P. VARGHESE, AGED 55 YEARS, S/O.
LATE PETER K.L. KAVILESWARATH HOUSE, KANDANADU
P.O., THIRUVANKULAM VIA, ERNAKULAM-682305.
2 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE SECRETARY, MINISTRY OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4 LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM-695001.
RP No.804/2019 & con. Cases
..2..
5 DISTRICT COLLECTOR,
KAKKANAD, ERNAKULAM-682030.
6 REVENUE DIVISIONAL OFFICER,
FORT KOCHI-682001.
7 UDAYAMPERUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, UDAYAMPEROOR
P.O., ERNAKULAM-682307.
8 KERALA STATE COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY ITS DIRECTOR,
SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695004.
9 VILLAGE OFFICER,
MANAKUNNAM VILLAGE, UDAYAMPEROOR P.O.,
ERNAKULAM-682307.
10 LAKSHMI PAPER INDUSTRIES PVT. LTD., CORPORATE
OFFICE, UCO BANK BUILDING, 3RD FLOOR,
PARLIAMENT STREET, NEW DELHI-110001,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
SUJITH VARGHESE, AGED 36 YEARS,
S/O. P.J. VARGHESE, RESIDING AT PERIYAPURATH
HOUSE, KANDANAD, MANAKUNNAM VILLAGE,
ERNAKULAM-682307.
11 HOTIQUE HOTELS INDIA LTD., UCO BANK BUILDING,
3RD FLOOR, NEW DELHI, REPRESENTED BY THE POWER
OF ATTORNEY HOLDER, SUJITH VARGHESE, AGED 36
YEARS, S/O. P.J. VARGHESE, RESIDING AT
PERIYAPURATH HOUSE, KANDANAD, MANAKUNNAM
VILLAGE, ERNAKULAM-682307.
SR.GP - R2 TO R6 & R9
SRI.M.P.PRAKASH, SC - R8
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.804/2019 & con. Cases
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
RP.No.860 OF 2019 IN WP(C). 18742/2007
AGAINST THE JUDGMENT IN WP(C) 18742/2007(S
REVIEW PETITIONER/S:
POOTHOTTA RESORTS PRIVATE LIMITED,
REPRESENTED BY ITS DIRECTOR SRI.SHAJI MATHEW,
AGED 44 YEARS, S/O. K.C. MATHEW, FIRST FLOOR,
ANJANA COMPLEX, VYTTILA, COCHIN-682019.
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENT/S:
1 MANAKUNNAM VILLAGE PADASEKHARA SAMRAKSHANA
SAMITHI, KANDANAD-682305, REPRESENTED BY ITS
SECRETARY, K.P. VARGHESE, AGED 55 YEARS,
S/O.LATE PETER K.L. KAVILESWARATH HOUSE,
KANDANADU P.O., THIRUVANKULAM VIA,
ERNAKULAM-682305.
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE SECRETARY,
MINISTRY OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
RP No.804/2019 & con. Cases
..4..
4 LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM-695001.
5 DISTRICT COLLECTOR,
KAKKANAD, ERNAKULAM-682030.
6 REVENUE DIVISIONAL OFFICER,
FORT KOCHI-682001.
7 UDAYAMPERUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, UDAYAMPERUR
P.O., ERNAKULAM-682307.
8 VILLAGE OFFICER,
MANAKUNNAM VILLAGE, UDAYAMPERUR P.O.,
ERNAKULAM-682307.
9 LAKSHMI PAPER INDUSTRIES PVT. LTD.,
CORPORATE OFFICE, UCO BANK BUILDING, 3RD
FLOOR, PARLIAMENT STREET, NEW DELHI-110001,
AND BOTIQUE HOTELS INDIA LTD., UCO BANK
BUILDING, 3RD FLOOR, NEW DELHI, REPRESENTED BY
THE POWER OF ATTORNEY HOLDER, SUJITH VARGHESE,
AGED 36 YEARS, S/O. P.J. VARGHESE, RESIDING AT
PERIYAPURATH HOUSE, KANDANAD, MANAKUNNAM
VILLAGE, ERNAKULAM-682307.
R8 BY SRI.M.P.PRAKASH, SC, KCZMA
BY SPL.GP - K.J.MOHAMMED ANZAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.804/2019 & con. Cases
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
RP.No.861 OF 2019 IN WP(C). 16783/2009
AGAINST THE JUDGMENT IN WP(C) 16783/2009(P)
REVIEW PETITIONER/S:
V.K.L.RESORTS INDIA PRIVATE LIMITED
REPRESENTED BY ITS DIRECTOR SRI. SHAJI MATHEW,
AGED 44 YEARS, SON OF K.C.MATHEW, FIRST FLOOR,
ANAJANA COMPLEX, VYTTILA, COCHIN-682 019.
(THE NAME OF PETITIONER IS CORRECTED AS
POOTHOTTA RESORTS PRIVATE LIMITED INSTEAD OF
VKL RESORTS INDIA PRIVATE LIMITED, AS PER THE
ORDER DATED 3.2.2020 IN I.A.2/2019.)
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENT/S:
1 N.C.ANIL KUMAR
S/O. CHANDRAN, NADICHIRAYIL HOUSE, POOTHOTTA
POST, ERNAKULAM DISTRICT-682 307.
2 K.SANILKUMAR, S/O. KUMARAN, KANDATHIPARAMBIL
HOSUE, SOUTH PARAVOOR, UDAYAMPEROOR P.O.,
ERNAKULAM-682 307.
RP No.804/2019 & con. Cases
..6..
3 STATE OF KERALA
RESPRESENTED BY ITS SECRETARY, ENVIRONMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
4 DISTRICT COLLECTOR
KAKKANAD, ERNAKULAM-682 030.
5 REVENUE DIVISIONAL OFFICER
FORT KOCHI-682 001.
6 SUB INSPECTOR OF POLICE
UDAYAMPEROOR-682 307.
7 UDAYAMPEROOR GRAMA PANCHAYATH
UDAYAMPEROOR P.O., ERNAKULAM-682 307.
8 BOUTIQUE HOTELS INDIA LTD.
VATTAVEL ROAD, POOTHOTTA, ERNAKULAM-682 307.
9 LAKSHMI PAPER INDUSTRIES LTD.
VATTAVEL ROAD, POOTHOTTA, ERNAKULAM-682 307.
10 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT AND FOREST, NEW DELHI-110 001.
11 SECRETARY
MINISTRY OF ENVIRONMENT AND FOREST, GOVERNMENT
OF INDIA, NEW DELHI-110 001.
12 KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY
THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER
SECRETARY -695 001.
13 COMMISSIONER
LAND REVENUE, GOVERNEMNT OF KERALA,
THIRUVANANTHAPURAM-695 001.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.804/2019 & con. Cases
..7..
----------------------------------------------
RP Nos. 804, 861 & 860 of 2019
----------------------------------------------
ORDER
S.Manikumar, CJ.
Judgment dated 16.12.2015 in WP(C) Nos.17861 of 2009, 18742 of 2007 & 16783 of 2009 is sought to be reviewed.
2. Sri.P.B.Sahasranaman, learned counsel appearing for the review petitioners, submitted as follows:
(1) Petitioners have decided not to proceed with the project, which is the subject matter of the writ petitions. (2) The petitioners are governed by the laws as on date when they propose to make any construction. According to them, they are not governed by CRZ Notification, 1991, which was replaced by 2011 and further 2019 notifications. The project proponent has to obtain all permissions, permits, clearances, etc. as on date when they propose to make constructions. Therefore, it is submitted that the restrictions imposed by the judgment are limited to the project in question in the writ petition and it has already been abandoned by the petitioner. (3) It is pointed out that CO(C) No.422/2019 has been filed RP No.804/2019 & con. Cases ..8..
against Poothotta Resorts Pvt. Ltd. alleging violence, for the reason that they are developing the land in question without obtaining the CRZ clearance as stated in the judgment. It is further submitted that the CRZ clearance, as stated by the judgment, is not required in view of subsequent changes made in the legislations. According to the petitioners, they are bound by such litigations and not by the law, which is already repealed, which aspect needs clarification.
3. Except above, no other submissions were made for reviewing the judgment made in WP(C) Nos. 17861/2009, 18742/2007 & 16783/2009.
Placing on record the submissions of the learned counsel for the review petitioners, we dismiss the review petitions.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY JUDGE Bka/03.02.2020