K M MEHABOOB Vs. STATE OF KERALA

JUDGEMENT

(1.) Dr.K.M.Mehaboob and his wife Hazeena Mehaboob have filed this writ petition under Article 226 of the Constitution of India seeking to quash Exhibit P8 notice dated 27th June, 1998 issued by the 2nd respondent for demolishing the house constructed by them. Primarily, the case of the petitioners is that before the notice was issued, permission was granted by the Grama Panchayat.

(2.) The matter has been pending in this Court for almost eight years. During this period, the Coastal Zone Management Authority has been constituted in the State. We may mention here that the notice for demolition is based on violation of coastal zone area. Learned counsel representing the petitioners, in the circumstances as mentioned above, states that the matter now should be examined by the Coastal Zone Management Authority of the State of Kerala particularly when the house was constructed under a permission and was completed before notice was issued.

(3.) The suggestion given by the petitioner is not opposed by the counsel for the respondents. We may also mention here that in similar circumstances Supreme Court passed such an order in Special Leave to Appeal (Civil) No.5038 of 2002 in the matter of P.A.Fazal Gafoor v. State of Kerala & Others on 25.4.2003. In the circumstances as mentioned above, we direct that the Coastal Zone Management Authority of Kerala would examine the issue and decide the dispute as to whether construction made by the petitioners is in contravention of the Regulation or not. The Coastal Zone Management Authority itself shall consider as to whether the Regulation would apply to the petitioners or not. Naturally, the Authority should decide the matter after issuing notice to all parties concerned. Meanwhile the status-quo shall be maintained. The Original Petition is disposed of as indicated above. C.M.P.No.22073 of 1998 does not survive. Let a copy of this judgment be sent to the Coastal Zone Management Authority of Kerala.