Kerala High Court
'Thampi Road Powrasamithi' vs State Of Kerala on 8 January, 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
WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941
WP(C).No.25985 OF 2016(S)
PETITIONERS:
1 'THAMPI ROAD POWRASAMITHI'
BEYPORE BY ITS SECRETARY P. SURESH, S/O VASU,
42 YEARS, PINNANATH HOUSE, GOTHEESWARAM, BEYPORE,
KOZHIKODE DISTRICT-673 015.
2 T.V. SHANMUGHAN, S/O. VISWANATHAN,
52 YEARS, THAMPI VALAPPIL, GOTHEESWARAM BEYPORE,
KOZHIKODE DISTRICT-673 015, PRESIDENT,
THAMPI ROAD POWRASAMITHI, BEYPORE.
BY ADVS.SRI.V.T.RAGHUNATH
SMT.C.V.RAJALAKSHMI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 005.
2 THE DISTRICT COLLECTOR KOZHIKODE
COLLECTORATE, CIVIL STATION, MALAPPARAMBA,
KOZHIKODE 673 018.
3 THE CHAIRMAN
KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
3RD FLOOR, SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004.
4 THE SECRETARY
DEPARTMENT OF MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
JORBHAG ROAD, NEW DELHI 110 001.
5 THE SECRETARY
KOZHIKODE MUNICIPAL CORPORATION,
CORPORATION OFFICE, KOZHIKODE 673 001.
W.P.(C) NO.25985/2016 2
R1 & R2 BY SPECIAL GOVERNMENT PLEADER SRI.M.R.SABU
R3 BY ADVS. SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA
SRI.M.P.PRAKASH, SC, KCZMA
R4 BY ADV. SRI.S.BIJU, CGC
R5 BY ADVS. SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-01-2020, THE COURT ON 08-01-2020 DELIVERED THE
FOLLOWING:
W.P.(C) NO.25985/2016 3
JUDGMENT
Dated this the 8th day of January, 2020 S.Manikumar, CJ Instant public interest litigation has been filed for the following reliefs:
a) Issue a writ of Mandamus or any other appropriate writ, order or direction to the respondents to finalise the entire statutory, executive or administrative acts required for passing of the administrative sanction for implementation of the expansion of the Kozhikode Municipal Corporation at the earliest.
b) Issue a writ of Mandamus or any other appropriate writ, order or direction to the respondents to consider Exhibits-P2 and P3 representations in a specified time limit.
2. On this day, when the writ petition came up for hearing, Mr.V.T.Raghunath, learned counsel appearing for the petitioners, submitted that in view of Coastal Regulation Zone Notification, 2011, he is not pressing the writ petition.
3. Mr. Prakash M.P., learned counsel appearing for Kerala Coastal Zone Management Authority, respondent No.3, made available the letter dated 28.02.2019 of the Director (CRZ) Ministry of Environment, Forest and Climate Change, Government of India addressed to the Member Secretary, Kerala Coastal Zone Management Authority, Directorate of Environment & Climate W.P.(C) NO.25985/2016 4 Change, Government of Kerala, Thiruvananthapuram, Kerala, for perusal. Said letter is extracted hereunder:
"F.NO.12-7/2018-lA-III Government of India Ministry of Environment, Forest & Climate Change Telephone:-11-24695338, e-mail:[email protected] Indira Paryavaram Bhavan, Jor Bagh Lodi Road, New Delhi-110003 Dated:28.02.2019 To The Principal Secretary, Department of Environement Government of Kerala Thiruvananthapuram-695001 Kerala Sub: CZMPs of Kasaragod, Kannur, Kozhikode, Malappuram, Thrissur, Ernakulam, Kottayam, Alappuzha, Kollam and Thiruvananthapuram districts, in Kerala - reg.
Sir/Madam, This has reference to letter no. B3/40/2019/Envt, dated 23.02.2019 regarding Coastal Zone Management Plans (CZMPs) of Kasaragod, Kannur, Kozhikode, Malappuram, Thrissur, Ernakulam, Kottayam, Alappuzha, Kollam and Thiruvananthapuram districts, in Kerala, drawn as per the provisions of the Coastal Regulation Zone Notification, 2011.
2. In this regard, it is to state that based on the recommendations of the National Coastal Zone Management Authority (NCZMA) in its 37 th Meeting held on 25.02.2019 and recommendations of the Technical Scrutiny Committee held at NCSCM, Chennai on 18.02.2019, the Ministry of Environment, Forest and Climate Change hereby conveys its W.P.(C) NO.25985/2016 5 approval of the CZMPs of the districts of Kasaragod, Kannur, Kozhikode, Malappuram, Thrissur, Ernakulam, Kottayam, Alappuzha, Kollam and Thiruvananthapuram, in Kerala.
This issues with the approval of the Hon'ble Minister (EFCC).
Yours faithfully, Sd/-
(W. Bharat Singh) Director (CRZ) Copy to:
1. The Member Secretary, Kerala Coastal zone Management Authority, Directorate of Environment & Climate change, 4 th Floor, KSRTC Bus Terminus, Government of Kerala, thiruvananthapuram, Kerala
2. The Additional Principal Chief Conservator of Forests (C), Ministry of Environment, Forest and Climate Change, Regional Office (SZ), Kendriya Sadan, 4th Floor, E&F Wings, 17th Main Road, Koramangala II Block, Bangalore-560034.
3. The Director, National Centre for Sustainable Coastal Management, Anna University Campus, Chennai - 600025, Tamil Nadu.
4. Guard File.
Sd/-
(W. Bharat Singh) Director (CRZ)"
Taking note of the submission made by learned counsel for the 3 rd respondent and letter dated 28.02.2019, extracted supra, this writ petition is closed as not pressed.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY JUDGE Krj.8/1 W.P.(C) NO.25985/2016 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE GAZETTEE NOTIFICATION DATED 08- 06-2010 REGARDING THE EXPANSION OF KOZHIKODE GORPORATION.
EXHIBIT P2 COPY OF THE REPRESENTATION GIVEN BY THE POWRASAMITHY TO THE MAYOR OF KOZHIKODE CORPORATION IN FEBRUARY 2016 EXHIBIT P3 COPY OF THE REPRESENTATION GIVEN BY THE POWRSAMITH TO THE 3RD RESPONDENT IN FEBRUARY 2016.
RESPONDENTS' EXHIBITS:-
EXHIBIT R5(A):- TRUE COPY OF THE COMMUNICATION FROM THE SECRETARY, KERALA COASTAL ZONE MANAGEMENT AUTHORITY DATED 13.02.2014.
EXHIBIT R5(B): TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT R5(A).
//TRUE COPY// P..A TO JUDGE