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2015 Supreme(Ker) 1340

THOTTATHIL B.RADHAKRISHNAN, ANU SIVARAMA
Kerala Coastal Zone Management Authority, represented by its Member Secretary, Dr. K. K. Ramachandran, S/o. K. K. Raghavan – Appellant
Versus
Pearls Infrastructure Projects Ltd. , represented by its Authorised Signatory Saji Varghese, S/o. Ummen Varghese – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.R. Sunil, Kerala Coastal Zone Management Authority.
For the Respondents:Sri. Raajesh S. Subrahmanian, SC, Cochin Corporation, Sri. K.B. Pradeep, Advocate.

JUDGMENT :

Thottathil B. Radhakrishnan, J.

The Kerala Coastal Zone Management Authority is in appeal.

2. The 1st respondent, a builder obtained permit from the Cochin Corporation for construction of a multi storied building. It is submitted on a query by us that the structure which has now been completed has 90 dwelling units. When the construction was completed and occupancy certificate was applied for, the Corporation issued Exhibit P7, requiring the builder to get NOC from the Kerala Coastal Zone Management Authority. The builder moved this Court by filing a writ petition. The learned single Judge allowed it. The Kerala Coastal Zone Management Authority is, therefore, in appeal, challenging that decision.

3. Heard the learned counsel for the appellant, the learned counsel for the 1st respondent and the learned standing counsel for the Cochin Corporation.

4. The learned single Judge noted that, on the basis of the findings of the Corporation authorities in its files, there is a clearance of more than 100 meters from any water line, in so far as the construction in question is concerned. It was also noted that the coastal regulation zone issues raised by the Authority do not really hav



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