INDIAN NATIONAL TRUST FOR ART AND CULTURAL HERITAGE AND ORS Vs. DISTRICT/CONVENER OF TAMIL NADU COASTAL REGULATION ZONE, MANAGEMENT COMMITTEE, ENVIRONMENTAL AND FOREST

JUDGEMENT

(1.) By an order dated, 17.08.2007, the Executive Officer of Kanyakumari Special Grade Town Panchayat granted a licence to one M. Chandran, the right to maintain a park for a period of three years from 17.08.2007 to 16.08.2010 on an annual lease amount of Rs. 16,000/-. The licence was granted to the said person after conducting a tender and after a resolution passed by the Town Panchayat.

(2.) Thereafter, the District Collector, Kanyakumari, issued an order, dated 20.09.2007, granting permission to the Town Panchayat to entrust the beautification and maintenance work of two parks viz., (i) Beach Road Park opposite to Tamil Annai Park and (ii) Sunset Town Park, which was till then maintained by the Town Panchayat.

(3.) Challenging the order of the Executive Officer of the Town Panchayat, dated 17.08.2007, and that of the District Collector, dated 20.09.2007, an organisation by name "Indian National Trust for Art and Cultural Heritage and the Sunset Bazaar Viyabarikal Nala Sangam" joined together and filed a Writ Petition in W.P.(MD). No. 4422 of 2008. The main contention of the petitioners in the Writ Petition was that the area in question comes within the Coastal Regulation Zone-1 (for short 'CRZ-I') and that no construction activity nor any kind of activity is permissible in the area, which would destroy the ecology of the place.