C. SOMAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has come forward with this writ petition as Public Interest Litigation seeking a prayer for the issuance of a Writ of Certiorari to call for the records relating to the impugned order in D.Dis.No.C3.1472/16 dated 13.07.2016 issued by the first respondent and quash the same.

(2.) The case of the petitioner is that the fifth respondent is putting up a new construction for church in R.S.No.774/8, 10-13 and 23 of Lakshmipuram Village, Kalkulam Taluk, Kanyakumari District. The said area falls within the Costal Regulation Zone. There is a notification, namely, Coastal Regulation Zone notification. As per regulation, no construction shall be permitted within Coastal Regulation Zone. The subject construction of Church by the fifth respondent which is situated within 100 meters, falls, within Coastal Regulation Zone (CRZ-III).

(3.) It is the further case of the petitioner that without getting proper permission and clearance from the competent Government authority, the fifth respondent tried to construct the church within prohibited area (Coastal Regulation Zone). Therefore, the petitioner submitted an objection citing the regulation of Costal Regulation Zone. However, without considering the objection, the first respondent passed the impugned order dated 13.07.2016 granting permission to the fifth respondent to construct the church in the subject land. The said impugned order of the first respondent is without jurisdiction and not in consonance with the Coastal Regulation Zone. The Government of India, by notification dated 06.01.2011, issued the coastal regulation zone notification. Therefore, as per regulation a prior approval from the committee is necessary. Without getting approval from the committee, no construction shall be permitted. The construction of the fifth respondent not falls within the exception. The impugned order clearly reveals that no order and clearance from the competent authority under the Coastal Regulation Zone was not obtained by the fifth respondent. In these circumstances, the petitioner is left with no other option except to invoke the extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India.