IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 18^TH DAY OF JANUARY 2024 / 28TH POUSHA, 1945 WP(C) NO.26886 OF 2023 PETITIONER:

THOMAS CHACKO, AGED 58 YEARS FLAT NO.7B, C.C.34/1129, SKYLINE SOLITARE, EDAPPALLY P.O., ERNAKULAM DISTRICT-692024, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.

TONY JOSEPH, AGED 62 YEARS, SON OF CHETTUPUZHA VARGHESE JOSEPH, RESIDING AT 7A SHANTHI KOITHARA, K.P.VALLON ROAD, KOCHI., PIN - 682020 BY ADVS.

P.B.SAHASRANAMAN K.JAGADEESH V.RENJU RESPONDENTS:

1 THRIKKAKARA MUNICIPALITY MUNICIPAL OFFICE, NGO QUARTERS, MAVELIPURAM ROAD, THRIKKAKARA, THRIKKAKARA P.O., REPRESENTED BY ITS SECRETARY., PIN - 682030

2 THE DISTRICT LEVEL COMMITTEE OF COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, DISTRICT TOWN PLANNER, OFFICE OF DISTRICT TOWN PLANNER, LSGD PLANNING, DPC SECRETARIAT BUILDING, 4TH FLOOR, CIVIL STATION, KAKKANAD ERNAKULAM PIN - 682030 * ADDL.3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY - KCZMA THIRUVANANTHAPURAM (ADDL.R3 IS SUOMOTU IMPLEADED AS PER ORDER DATED *

05.09.2023)

*ADDL.4 ALBIN M.A @ AMBROSE, AGED 32 YEARS, S/O.ANTONY, 'MANPURAKAL', THUTHIYOOR, KAKKANAD, RSEL P.O, ERNAKULAM DISTRICT, PIN - 682037.

* (ADDL.R4 IS IMPLEADED AS PER ORDER DATED

05/09/2023 IN IA NO.1/2023)

BY ADVS.

S.JAMAL, SC M.P.PRAKASH, SC RINU. S. ASWAN BENCILAL B.S.

GOPIKA H.H THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the owner in possession of

3.34 Ares of land in Sy.No.194/7, 194/10 of Kakkanad Village. The petitioner was granted Ext.P1 building permit for the construction of a residential house of 280.76 sq.meters by the 1^st respondent on 14.02.2018. Since the petitioner could not complete the construction within the period specified in Ext.P1, he submitted an application for renewal of the permit and the same was renewed up to 13.02.2024. However, in the meantime, the 1^st respondent issued Ext.P2 Stop Memo requiring the petitioner to stop the construction stating that the construction is within a distance of 100 meters of the nearby river, which is in violation of Coastal Regulation Zone Notification, 2019 [for brevity, ‘the CRZ Notification’]. The petitioner challenged Ext.P2 before this Court by filing WP(C) No.20283 of 2023 and this Court, by Ext.P3 judgment dated 13.07.2023, set aside the same with liberty to proceed against CRZ violation, if any. While so, the 1^st respondent again issued Ext.P4 Stop Memo stating that the construction is within 100 meters of the nearby river and the same is in violation of CRZ Notification, 2011. The petitioner impugns Ext.P4 notice in this writ petition contending that it is in violation of Rule 16 of the Kerala Municipality Building Rules, 1999 [for brevity, ‘the Rules, 1999’] and that the CRZ Notification, 2011 is not applicable to the ongoing residential construction based on Ext.P1 permit dated

14.02.2018.

2. Rule 16 of the Rules, 1999 provides that a building permit can be revoked only after hearing the permit holder. It is seen from Ext.P4 that the same has been passed without hearing the petitioner.

3. A statement has been filed on behalf of the

3^rd respondent, paragraph 7 of which reads as follows:

“7. It is submitted that at the time of issuance of building permit by Thrikkakara Municipality, the proposed building was outside CRZ limits based on CZMP 1996 and is not come under the purview of CRZ Notification. Without change in the plinth area (280.76 sq.m) issued by Thrikkakara Municipality, the intervention of KCZMA/DLC is not required to issue CRZ clearance and the building permit may be renewed.”

4. In view of the statement filed by the 3^rd respondent, Ext.P4 cannot be sustained and accordingly, the same is set aside.

5. The learned counsel for the petitioner submits that in view of Ext.P4, the petitioner could not carry out any construction. It will be open to the petitioner to approach the 1^st respondent for ex