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2014 Supreme(Ker) 645

A.V.RAMAKRISHNA PILLAI
A. V. Antony – Appellant
Versus
Corporation of Cochin, rep. by Secretary, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner:G. Gopakumar, (Aluva), Anupama Johny, Advocates.
For the Respondents:R1 & R2, Dileesh John, P.K. Soyuz, Senior Counsels, Cochin Corporation, R3, J. Prakash C. Vadakkan, SC, KCZMA, R4, Nalini Chidambaram, Sr. Advocate, M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Joson Manavalan, Saji Varghese Kakkattumattathil, Advocates.

Judgment :

1. The petitioner, who is residing on the western side of Chilavannur lake/kayal (backwaters), has come up with this writ petition alleging that the 4th respondent has constructed a multi storeyed building within a distance of 100 metres from the High Tide Line (HTL) of the said lake violating Coastal Regulation Zone Notification (CRZ Notification).

2. The petitioner alleges that as per CRZ Notifications, 1991 and 2011, construction is not permissible within the distance of 100 metres from the side of Chilavannur lake. The petitioner further alleges that he has submitted several complaints to respondents 1 to 3 alleging that the 4th respondent has constructed the building in violation of the CRZ Notification. However, they have not taken any steps to stop the alleged construction. It is the definite case of the petitioner that the 4th respondent has not produced 'No Objection Certificate' (NOC) from the Kerala Coastal Zone Management Authority (KCZMA) (3rd respondent) along with the application for permit.

3. It is further alleged that the committee constituted by the KCZMA has directed the Secretary of the Corporation of Cochin (1st respondent) through Ext.P6 to verify t


























































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