K D RAJENDRA BABU Vs. PERUMPALAM GRAMA PANCHAYATH

JUDGEMENT

(1.) PETITIONER says that he constructed a residential house and a temporary shed in his property situated in the Perumpalam Island. According to him, at the time when the construction was undertaken, Building Rules were not implemented in the Panchayat and therefore, it was not necessary for him to have obtained building permit. He completed the construction and applied to the Panchayat to number the building and to assess the building for tax purposes. Panchayat declined the request by Ext.P6 communication stating that the building has been constructed in violation of the Coastal Regulation Zone notification. It was there upon that this writ petition was filed and this Court passed interim order dated 31.1.2007 directing the Panchayat to provisionally number the building and complete the assessment on that basis. This order has also been complied with. It is thereafter that this writ petition is now coming up for hearing.

(2.) LEARNED Standing Counsel appearing for the third respondent submits that in view of Circular No.048/ENV/2006/CZMA dated 17.6.2006 issued by the Kerala Coastal Zone Management Authority to Local Self Government Institutions, any applications received by the Local Authority for development or other purposes within the CRZ should be forwarded to the Management Authority and clearance should be obtained. It is stated that this procedure has not been complied with.

(3.) THEREFORE, I direct that on the production of a copy of this judgment, Panchayat will forward necessary papers in relation to the structures of the petitioner to the third respondent as directed in the Circular dated 17.6.2006. On receipt of the records as above, the third respondent will examine whether there is any violation of the CRZ notification insofar as the structures constructed by the petitioner are concerned. Clarification in this regard will be given to the Panchayat and on that basis Panchayat will take further action on the application made by the petitioner. In the meanwhile, the interim order dated 31.7.2007 will remain in force. Writ petition is disposed of as above.