Kerala High Court
Beena Sarasan (Irs) Retd vs State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 2716 OF 2023
PETITIONER:
BEENA SARASAN (IRS) RETD.
AGED 70 YEARS
D/O BALAGANGADHARAN, RESIDING AT C1 TENNIS CLUB
ENCLAVE, KOWDIAR PO, THIRUVANANTHAPURAM ,
PIN - 695003
BY PARTY-IN-PERSON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, LOCAL
SELF GOVERNMENT DEPARTMENT, 5TH FLOOR, ANNEX - 1,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ,
PIN - 682031
2 KOTTUKAL GRAMA PANCHAYATH
KOTTUKAL P.O., THIRUVANANTHAPURAM, REPRESENTED BY
ITS SECRETARY, PIN - 695501
3 THE SECRETARY, KOTTUKAL GRAMA PANCHAYATH
KOTTUKAL, THIRUVANANTHAPURAM, PIN - 695501
4 AAZHIMALA SHIVA TEMPLE DEVASWOM TRUST
AAZHIMALA TEMPLE ROAD, PULIMKUDI JUNCTION,
THIRUVANANTHAPURAM, REPRESENTED BY ITS TRUSTEE, PIN
- 695521
OTHER PRESENT:
GP - SRI.RIYAL DEVASSY
SC - SRI.M.R.SASITH
THIS WRIT PETITION (CIVIL) HAVING BEEN
FINALY HEARD ON 01.02.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.2716 of 2023 :2:
VIJU ABRAHAM, J.
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W.P.(C). No.2716 of 2023
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Dated this the 1st day of February, 2023
JUDGMENT
The petitioner is a senior citizen and has appeared in person. She has approached this Court alleging inertia on the part of the 3rd respondent in taking appropriate action on the complaint filed by her in connection with the illegal and unauthorised constructions that was undertaken by the 4th respondent.
2. The petitioner is in ownership and possession of 59.65 Ares of land covered by Ext.P1 tax receipt. The grievance raised by the petitioner is that the office bearers of the 4 th respondent temple, without obtaining a building permit or any authorisation from the regulatory bodies including the 3 rd respondent as well as the Kerala State Coastal Zone Management Authority, has started illegal constructions, which has now even encroached in to the Arabian sea abutting the said temple. The petitioner contends that the new construction has been made on the rocky terrain bordering to Arabian sea and it is in flagrant violation of the building rules as well as the environmental laws. The petitioner submitted a complaint in this regard before the authorities, as is evident from W.P.(C). No.2716 of 2023 :3: Ext.P3. It is submitted by the petitioner that in spite of the complaint preferred by the petitioner, the 4 th respondent is continuing with the construction activities and the 3 rd respondent is not taking any appropriate action on the basis of Ext.P3 complaint.
3. The learned Standing Counsel appearing for the respondent Panchayat upon instructions submitted that based on the complaint preferred by the petitioner as well as on the basis of the complaint received from the Director of Kerala State Coastal Zone Management Authority, a stop memo as well as an order under Section 235 W(1) has been issued to the 4 th respondent, directing them to stop the construction and also to demolish the unauthorized construction undertaken by them. It is further submitted by the learned Standing Counsel that the said notice was served on the 4th respondent on 24.01.2023 giving 15 days' time as per the statute for demolishing the unauthorised construction and that if they failed to do so, proceedings will be initiated by the Panchayat as per law. Thereupon the petitioner would submit that the 4th respondent is continuing with the construction activities in spite of the stop memo issued by the Panchayat.
4. It is a fact that based on the complaint preferred by the petitioner as well as on the complaint received from the Kerala W.P.(C). No.2716 of 2023 :4: State Coastal Zone Management Authority, the 3 rd respondent has issued a memo to stop the construction activities undertaken by the 4th respondent and also to demolish the unauthorised construction undertaken by them, within a period of 15 days. Therefore, there will be a direction to the 3rd respondent to finalise the proceedings initiated as per the provisional order dated 24.01.2023, in accordance with law, after hearing the petitioner as well as the 4 th respondent. The 4th respondent shall not undertake any construction activities without obtaining proper consent/permission from the authorities concerned. It is further directed that the 3rd respondent shall see that the stop memo issued, is strictly complied with, if require with the assistance of Police.
With the aforesaid directions, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE sm/ W.P.(C). No.2716 of 2023 :5: APPENDIX OF WP(C) 2716/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF LAND TAX AND IN RESPECT OF SY. NOS. 359/9, 361/12, 360/5, 361/14, 361/16, 361/17, 361/18-1, 361/21 AND 361/23 OF KOTTUKAL VILLAGE, NEYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT Exhibit P2 A TRUE COPY OF THE SCHEMATIC DIAGRAM SHOWING IN NATURE AND THE LIE OF THE AFORESAID PROPERTIES, AS PREPARED BY THE NATIONAL CENTRE FOR EARTH SCIENCE STUDIES Exhibit P3 A TRUE COPY OF THE E-MAIL DATED 24.01.2023 SEND BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P4 TRUE PHOTOGRAPHS SHOWING THE CONSTRUCTION ACTIVITY UNDERTAKEN BY THE 4TH RESPONDENT TAKEN BY THE PETITIONER ON 24.01.2023 Exhibit P5 A TRUE COPY OF THE REPLY DATED 28.01.2023 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, FROM THE KERALA COASTAL MANAGEMENT AUTHORITY ALONG WITH ITS ENCLOSURES, ACCOMPANIED BY A TRUE TYPED AND LEGIBLE COPY OF THE SAME