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2024 Supreme(Online)(KER) 15168

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 32639 OF 2015 PETITIONER/S:

AJAY PETER AGED 34 YEARS S/O.PETER THOMMEN, PATTAPARAMBIL HOUSE,PANAMPALLY NAGAR, KADAVANTHARA, ERNAKULAM,KOCHI - 682 036.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN RESPONDENT/S:

1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SASTHRA BHAVAN,THIRUVANANTHAPURAM - 695 008.

2 KADAMAKUDY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PIZHALA -682 027.

BY ADVS.

SRI.K.R.SUNIL, KERALA COASTAL ZONE MANAGEMENT AUTHORITY SRI.K.M.VARGHESE Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. Vipindas

04.03.2024, ALONG WITH WP(C).1078/2009, 4659/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 1078 OF 2009 PETITIONER/S:

JOHNSON AGED 39 YEARS, VALIYAVEETTIL HOUSE, MUNAMBAM KARA,, KUZUPPILLY VILLAGE, KOCHI TALUK.

BY ADVS.

SRI.T.V.GEORGE SRI.JIMMY GEORGE THADATHIL RESPONDENT/S:

1 PALLIPURAM GRAMA PANCHAYATH REP.

BY ITS SECRETARY, PALLIPPURAM, CHERAI, KOCHI TALUK

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FOREST, "PARYAVARAN BHAVAN", C.G.O COMPLEX,, LODI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN SCIENCE TECHNOLOGY, AND ENVIRONMENT COMMITTEE AND EX.OFFICIO PRINCIPAL, SECRETARY, SCIENCE, TECHNOLOGY AND ENVIRONMENT, DEPARTMENT, SASTHA BHAVAN, THIRUVANANTHAPURAM BY ADVS.

SRI.M.A.ASIF ACHUTH KRISHNAN R SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 4659 OF 2010 PETITIONER/S:

1 DOMANIC JAMES AND OTHERS THAIPARAMBIL HOUSE, MUNAMBAM, KUZHUPILLY VILLAGE,, KOCHI TALUK, RESIDING AT MIYAPUR, HYDERABAD,, R.R.DISTRICT, ANDHRA PRADESH.

2 FELEENA JAMES WO.JAMES THAIPARAMBIL HOUSE, MUNAMBAM, KUZHUPILLY VILLAGE,, KOCHI TALUK, RESIDING AT MIYAPUR, HYDERABAD,, R.R.DISTRICT, ANDHRA PRADESH.

3 MARY PAMEELA WO.VARGHESE MALATHURUTHIL HOUSE, RESIDING AT MIYAPUR,, HYDERABAD, R.R.DISTRICT, ANDHRA PRADESH.

BY ADV SRI.M.B.NANUTHAMBI RESPONDENT/S:

1 PALLIPURAM GRAMA PANCHAYATH AND OTHERS REPRESENTED BY ITS SECRETARY, PALLIPPURAM,, CHERAI, KOCHI TALUK.

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FOREST, PARYAVARAN BHAVAN, C.G.O.COMPLEX,, LODI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REP.BY ITS CHAIRMAN, SCIENCE, TECHNOLOGY AND, ENVIRONMENT COMMITTEE AND EX-OFFICIO PRINCIPAL, SECRETARY,SCIENCE,TECHNOLOGY AND ENVIRONMENT, DEPARTMENT,SASTHRA BHAVAN,THIRUVANANTHAPURAM.

BY ADVS., SRI.M.A.ASIF, MINI GOPINATH -CGC .

SRI.T.A.SHAJI, SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, GP SRI. T.K VIPINDAS ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 5252 OF 2010 PETITIONER/S:

ANTONY STENY PINHERO S/O.SUNNY PINHERO, CHEENIKAPARAMBIL HOUSE,, CHERAI, PALLIPORT P.O., ERNAKULAM DISTRICT. BY ADV SRI.M.B.NANUTHAMBI RESPONDENT/S:

1 PALLIPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALLIPPURAM, CHERAI, KOCHI TALUK.

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FOREST, PARYAVARAN BHAVAN, C.G.O.COMPLEX,, LODI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, SCIENCE, TECHNOLOGY, AND ENVIRONMENT COMMITTEE AND EX-OFFICIO PRINCIPAL SECRETARY, SCIENCE, TECHNOLOGY AND ENVIRONMENT, DEPARTMENT,SASTHRA BHAVAN,THIRUVANANTHAPURAM BY ADVS.

SRI.M.A.ASIF ASSISTANT SOLICITOR GENERAL SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P SC, KCZMA MINI GOPINATH -CGC Sr. GOVERNMENT PLEADER Sri. T.K Vipindas WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 29 OF 2017 PETITIONER/S:

1 HASHIM HYDER AGED 68 YEARS THALASSERYKKARAN HOUSE, CHENDRAPINI P.O, PIN-680 687, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.HYDER HAJI, THALASSERYKKARAN HOUSE, CHENDRAPINI P.O., PIN-680 687.

2 ADDL P2, GOUTHAMAN, AGED 65 YEARS S/O VELANDI, NODIYIRIPPIL, CHAVAKKAD TALUK, VALAPPAD VILLAGE, KAZHIMBRAM, THRISSUR-680568

3 ADDL R3, SREEKANT, AGED 28 YEARS SON OF BABU REJENDRAN, KANJIRAPPARAMBIL HOUSE, NATTIKA P.O, THRISSUR-680566

4 ADDL P4, PANACKKAL BHASKAR DINESH, AGED 49 YEARS SON OF BHASKARAN, CHAVAKKAD TALUK, VALAPPAD, THRISSUR-680 567 ADDL P2 TO ADDL P4 ARE IMPLEADED AS PER ORDER DATED 04-01-2022 IN IA.NO.2/2021 OF WP(C)29/2017.

BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN RESPONDENT/S:

1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE, KERALA STATE, PATTOM, THIRUVANANTHAPURAM-695

024.

2 EDATHIRUTHY GRAMA PANCHAYAT EDATHIRUTHY P.O, THRISSUR -680 703, REPRESENTED BY ITS SECRETARY.

BY ADVS.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA SRI.M.P.PRAKASH, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 6678 OF 2009 PE TITIONER/S:

SANGEETHA OLATTUPURATH, MUNAMBAM KARA, KUZHUPPILLIL VILLAGE, KOCHI TALUK BY ADVS.

SRI.T.V.GEORGE SRI.JIMMY GEORGE THADATHIL RESPONDENT/S:

1. PALLIPPURAM GRAMA PANCHAYAT,REP.BY SECRETARY, PALLIPPURAM , CHERAI, KOCHI TALUK

2. UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FOREST, PARYAVARAN BHAVAN, C.G.O.COMPLEX,, LODI ROAD, NEW DELHI.

3. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

4. KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, SCIENCE, TECHNOLOGY, AND ENVIRONMENT COMMITTEE AND EX-OFFICIO PRINCIPAL SECRETARY, SCIENCE, TECHNOLOGY AND ENVIRONMENT, DEPARTMENT,SASTHRA BHAVAN,THIRUVANANTHAPURAM BY ADVS.

Prakash M P, SC, KCZMA SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 6481 OF 2010 PETITIONER/S:

PRADEEP MUTHANDASSERIL HOUSE, MUNAMBAM,, PALLIPURAM P.O.,KUZHUPPILLY VILLAGE,, KOCHI TALUK.

BY ADVS.

SRI.T.V.GEORGE SRI.JIMMY GEORGE THADATHIL RESPONDENT/S:

1 PALLIPPURAM GRAMA PANCHAYATH BY ITS SECRETARY PALLIPPURAM, CHERAI,, KOCHI TALUK.

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF, ENVIRONMENT AND FOREST,"PARYAVARAN BHAVAN", C.G.O.COMPLEX LODI ROAD,NEW DELHI.

3 STATE OF KERALAREPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN SCIENCE TECHNOLOGY, AND ENVIRONMENT COMMITTEE AND EX.OFFICIO, PRINCIPAL SECRETARY, SCIENCE TECHNOLOGY AND, ENVIRONMENT DEPARTMENT, SASTHA BHAVAN,, THIRUVANANTHAPURA BY ADVS.

SUVIN R MENON SRI.M.A.ASIF SRI.T.A.SHAJI SR.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 11469 OF 2010 PETITIONER/S:

JOSEPH DIXON KATTIPARAMBIL HOUSE, PALLIPPURAM P.O., ERNAKULAM DISTRICT.

BY ADVS.

SRI.M.P.MADHAVANKUTTY SRI.K.S.ROCKEY RESPONDENT/S:

1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS SECRETARY,, SCIENCE, TECHNOLOGY &

ENVIRONMENTAL DEPARTMENT,, SASTRA BHAVAN, THIRUVANANTHAPURAM.

2 PALLIPPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, CHERAI, ERNAKULAM.

3 SECRETARY PALLIPPURAM GRAMA PANCHAYATH,, CHERAI, ERNAKULAM.

BY ADVS.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA SRI.T.A.SHAJI Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 13882 OF 2010 PETITIONER/S:

SASI KUNNUNGAPARAMBIL HOUSE,PALLIPPURAM KARA,, P.O.PALLIPORT, ERNAKULAM DISTRICT.

RESPONDENT/S:

1 PALLIPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALLIPPURAM, CHERAI,KOCHI TALUK.

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT, AND FOREST, PARYAVARAN BHAVAN, C.G.O COMPLEX, LODI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

4 KERAL COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, SCIENCE, TECHNOLOGY AND ENVIRONMENT COMMITTEE AND, EX-OFFICIO PRINCIPAL SECRETARY, SCIENCE,, TECHNOLOGY AND ENVIRONMENT DEPARTMENT,SASTHRA, BHAVAN, THIRUVANANTHAP BY ADVS.

SUVIN R MENON SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P SR. GP SRI. T.K VIPINDAS

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 8690 OF 2016 PETITIONER/S:

WILCY NOYAL, THARAPPEAL KANDANAD P.O., PIN - 682 027.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN RESPONDENT/S:

KADAMAKUDY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY PIZHALA - 682 027.

BY ADV SRI.K.M.VARGHESE Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 14315 OF 2008 PETITIONER/S:

ABDUL VAHID.P.K.

S/O.P.B.KUNJU MOHAMMED,AGED 42 YEARS,, POTHADY HOUSE,PONNARIMANGALAM,MULAVUKAD P.O.,, ERNAKULAM.

BY ADVS.

SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SRI.P.MURALEEDHARAN THURAVOOR SMT.SHEENA SAMUEL RESPONDENT/S:

1 MULAVUKAD GRAMA PANCHAYATH,REP.BY SECRETARY.

MULAVUKAD,ERNAKULAM. 2 STATE OF KERLA REP. BY IT’S CHIEF SECRETARY,, SECRETARIAT,THIRUVANANTHAPURAM.

3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REP. BY IT’S CHAIRMAN,, SCIENCE TECHNLOGY AND ENVIRONMENT,, COMMITTEE (STEC) AND EX-OFFICE PRINCIPAL, SECRETARY (STED), SASTHRA BHAVAN,THIRUVANANTHAPURAM.

4 UNION OF INDIA REP. BY PRINCIPAL SECRETARY,, MINISTRY OF EENVIRONMENT AND FORESTS,, PARYAVARAN BHAVAN,, CGO COMPLEX,LODY ROAD,, NEW DELHI-110 003.

BY ADVS.

MANU S. DSG OF INDIA SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 14334 OF 2008 PETITIONER/S:

1 JESSAN NAYARAMBALAM P.O., KOCHI-682 509

2 DASON.T.K. SO. KESAVAN THAYATTUPARAMBIL HOUSE, NARAYAMBALAM P.O.

3 SHEELA WO. DASON.T.K.

THAYATTUPARAMBIL HOUSE, NARAYAMBALAM P.O.

4 VARGHESE SO.KOCHU DEVASSY MAVUNGASSERY HOUSE, NARAYAMBALAM P.O.

5 RAVI. M.S.SO. SANNAPPAN ANIYAL HOUSE NARAYAMBALAM P.O.

6 AMBROSE SO. VINCENTMAVUNGASSERY HOUSE NARAYAMBALAM P.O.

7 ASHOKAN SO. CHATHAN NIKKATTITHARA NAYARAMBALAM P.O.

8 JOSEPH. SO. KOCHU DEVASSY MAVUGASSERY, NAYARAMBALAM P.O.

9 ABDUL RAHMAN SO. KUNJUMOHAMMED PALLIPARAMBIL HOUSE, NAYARAMBALAM.

10 CLETTUS SO. VINCENT MAVUNGASSERY HOUSE,NARAYARAMBALAM P.O. 11 SHIBU SO. KUNGAPPAN THAYA HUPARAMBIL HOUSE, NARAYAMBALAM P.O.

12 SIVAN SO. NOOLESHAN MADATHINGAL HOUSE, NAYARAMBALAM P.O.

13 LOHIZASHANSO. KARUPPANKUTTY PANDIKASHALAKKAL HOUSE, NAYARAMBALAM P.O.

14 SHINUSO. KUNGAPPAN PALLIPARAMBIL HOUSE, NAYARAMBALAM P.O.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT/S:

1 STATE OF KERALA SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT, DEPARTMENT, SASTHARA BHAVAN, THIRUVANANTHAPURAM

2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY, AND ENVIRONMENT DEPARTMENT, SECRETARIAT,, THIRUVANANTHAPURAM

3 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FOREST, PZARYAVARAN, NEW DELHI.

4 NAYARAMBALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,, NAYARAMBALAM P.O.

ERNAKULAM DISTRICT.

BY ADVS.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P SC, KCZMA, MANU S. DSG OF INDIA SRI.C.A.CHACKO Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 12311 OF 2014 PETITIONER/S:

R.PADMAVATHY AMMA W/O.K.C.PILLAI,THAYYIL VEEDU,PUTHENSANKETHAM,KOIVILA.P.O,KOLLAM-691590.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.RAAJESH S.SUBRAHMANIAN RESPONDENT/S:

1 NEENDAKARA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,NEENDAKARA.P.O,KOLLAM- 691582.

2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SASTHRA BHAVAN, 3RD FLOOR, PATTOM.P.O., THIRUVANANTHAPURAM - 695 004.

BY ADVS.

SRI.M.SASINDRAN SRI.M.P.PRAKASH, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 18087 OF 2009 PETITIONER/S:

1 FR.BERNADINE.M.LOUISE, BETHSAIDA HERMIATE, PULINKUDI,CHOWERA.PO,THIRUVANANTHAPURAM.

2 FREDERICK THOMAS,BETHSAIDA HERMIATE PULINKUDI,CHOWARA.PO,THIRUVANANTHAPURAM.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT/S:

1 STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY,SCIENCE TACHNOLOGY AND ENVIRONMENT DEPARTMENT,SASTHRA BHAVAN,2ND FLOOR,, THIRUVANANTHAPURAM-695 004.

2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY,REPRESENTED BY ITS SECRETARY,SASTHRA, BHAVAN,3RD FLOOR,PATTOM.PO,, THIRUVANANTHAPURAM-695004.

3 THE DISTRICT COLLECTOR,COLLECTORATE THIRUVANANTHAPURAM.

4 THE KOTTUKAL GRAMA PANCHAYAT KOTTUKAL.

5 UNION OF INDIA,MINISTRY OF ENVIRONMENT AND FORESTS,REPRESENTED BY ITS PRINCIPAL SECRETARY, PARYAVARAN BHAVAN,LODHI ROAD,NEW DELHI-110003.

BY ADVS.

Prakash M P,SC, KCZMA MANU S. DSG OF INDIA SMT.ANITHA RAVINDRAN SMT.M.G.AISHWARYA SRI.B.S.SWATHI KUMAR SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 14092 OF 2015 PETITIONER/S:

SHAJI K MATHEW DIRECTOR, SANDUNE PROPERTIES LTD., ANJANA COMPLEX, KUNDANNUR.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SMT.K.K.SHYJA RESPONDENT/S:

1 STATE OF KERALA REP. BY ITS PRINCIPLE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001.

2 THE MARADU MUNICIPALITY REPRESENTED BY ITS SECRETARY, MARADU, ERNAKULAM. 682 011.

3 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SASTRA BHAVAN, THIRUVANANTHAPURAM. 695

001.

4 THE CENTRE FOR EARTH SCIENCE STUDIES CESS REPRESENTED BY ITS CO-ORDINATOR (CRZ PROJECTS), MARINE SCIENCES DIVISION, P B NO.7250, AAKULAM, THIRUVANANTHAPURAM- 31.

BY ADVS.

SMT.A.B.BEENU SRI.V.KRISHNA MENON SRI.M.P.PRAKASH, SC, KCZMA SMT.UMA GOPINATH SMT.P.VIJAYAMMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 18656 OF 2008 PETITIONER/S:

NANDAKUMAR CHELLAMADATHIL, EDAVANAKKAD, ERNAKULAM DISTRICT.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT,, SASTHRA BHAVAN, THIRUVANANTHAPURAM.

2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY,, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT,, SECRETARIAT, THIRUVANANTHAPURAM.

3 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY,, MINISTRY OF ENVIRONMENT AND FOREST,, PZARYAVARAN, NEW DELHI.

4 EDAVANKKAD GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,, EDAVANKKAD P.O., ERNAKULAM DISTRICT.

BY ADVS.

MANU S. DSG OF INDIA SRI.K.I.ABDUL RASHEED SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 19291 OF 2009 PETITIONER/S:

A.A.BIJU ARAKKAPARAMBIL HOUSE, KUZHUPPILLY VILLAGE,, KOCHI TALUK.

BY ADVS.

SRI.T.V.GEORGE SRI.JIMMY GEORGE THADATHIL RESPONDENT/S:

1 PALLIPPURAM GRAMA PANCHAYAT REP.BY ITS SECRETARY, PALLIPPURAM,, CHERAI, KOCHI TALUK.

2 UNION OF INDIA.

REP.BY ITS PRINCIPAL SECRETARY, MINISTRY OF, ENVIRONMENT AND FOREST "PARAYAVARAN BHAVAN", C.G.O.COMPLEX, LADI ROAD, NEW DELHI.

3 STATE OF KEALA REP.BY ITS CHIEF SECRETARY, GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

4 KEALA COASTAL ZIONE MANAGEMENT AUTHORITY, REP.BY ITS CHAIRMAN SCIENCE, TECHNOLOGY AND ENVIRONMENT COMMITTEE AND EX.OFFICI, O PRINCIPAL SCRETARY, SCIENCE TECHNOLOGY AND, ENVIRONMENT DEPARTMENT SASTHA BHAVAN,, THIRUVANANTHAPURAM, BY ADVS.

Girish Kumar V SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 19508 OF 2009 PETITIONER/S:

MARY ANTONY AGED 57 YEARS, PUTHENPURAKKAL HOUSE,, MUNAMBAM KARA, KUZHUPPILLY VILLAGE, KOCHI TALUK.

BY ADVS.

SRI.T.V.GEORGE SRI.JIMMY GEORGE THADATHIL RESPONDENT/S:

1 PALLIPPURAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PALLIPPURAM,, CHERAI, KOCHI TALUK.

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FOREST, "PARYAVARAN BHAVAN", C.G.O.COMPLEX,, LODI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, SCIENCE, TECHNOLOGY AND ENVIRONMENT COMMITTEE AND, EX.OFFICIO PRINCIPAL SECRETARY, SCIENCE TECHNOLOGY, AND ENVIRONMENT DEPARTMENT, SASTHA BHAVAN,, THIRUVANANTHAP BY ADVS.

ACHUTH KRISHNAN R SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 20265 OF 2009 PETITIONER/S:

ASHOKAN.N.P PARAMBADI HOUSE, WARD 10, NAYARAMBALAM, ERNAKULAM DISTRICT.

BY ADV SRI.JOHN JOSEPH VETTIKAD RESPONDENT/S:

1 THE NAYARAMBALAM GRAMA PANCHAYATH & ORS NAYARAMBALAM, REPRESENTED BY ITS SECRETARY. 2 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF SCIENCE AND, TECHNOLOGY, TRIVANDRUM.

3 THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN,, SASTRABHAVAN, PATTOM, TRIVANDRUM.

BY ADVS.

SRI.S.RAMESH SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 21019 OF 2009 PETITIONER/S:

K.L.EDWIN, S/O. LASSAR, KURISUNGAL, CC.9/590, NAZARATH.P.O, KOCHI.

BY ADVS.

P.B.SAHASRANAMAN T.S.HARIKUMAR K.JAGADEESH RESPONDENT/S:

1 STATE OF KERALA AND OTHERS PRINCIPAL SECRETARY,SCIENCE TECHNOLOGY AND, ENVIRONMENT DEPARTMENT,SASTHRA BHAVAN,2ND FLOOR,, THIRUVANANTHAPURAM- 695004.

2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY,SASTHRA BHAVAN,, 3RD FLOOR,PATTOM.P.O,THIRUVANANTHAPURAM-695004.

3 EDAVANAKKAD GRAMA PANCHAYAT REP BY SECRETARY.

4 THE DISTRICT COLLECTOR, COLLECTORATE ERNAKULAM.

BY ADVS.

SRI.K.I.ABDUL RASHEED SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 21658 OF 2009 PETITIONER/S:

P.J.ANTONY PANACHIKKAL HOUSE, CHENNUR, KOTHAD P.O. 682027, ERNAKULAM DISTRICT.

BY ADV SRI.ANTONY M. AMBAT RESPONDENT/S:

1 PALLIPPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALLIPPURAM,, CHERAI, KOCHI TALUK.

2 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND, FORESTS, "PARYAVARAN BHAVAN", C.G.O COMPLEX,, LODHI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, SCIENCE, TECHNOLOGY, AND ENVIRONMENT COMMITTEE AND EX.OFFICIO, PRINCIPAL SECRETARY, SCIENCE, TECHNOLOGY AND, ENVIRONMENT DEPARTMENT, SASTHA BHAVAN,, THIRUVANANTHAPURAM BY ADVS.

Girish Kumar V SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 15897 OF 2017 PETITIONER/S:

SINISUBASH AGED 44 YEARS, W/O SUBASH DARMAPALAN, RESIDING AT KADAKATHU THEKKATHILVEEDU, OPP. STATE BAANK OF INDIA, KADAVOOR, PERINAD P.O. KOLLAM- 691 601 BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT/S:

1 GOVERNEMNT OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE (DOECC), SOUTH SANDWICH BLOCK ROOM- SSBT II, 4TH FLOOR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001

2 KOLLAM MUNICIPAL CORPORATION REP. BY ITS SECRETARY, KOLLAM- 691 001

3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REP. BY ITS SECRETARY, PALLIMUKKU- KANNAMMOOLA ROAD, PETTAH, THIRUVANANTHAPURAM- 695 024 BY ADV Prakash M P

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 22372 OF 2008 PETITIONER/S:

P.P GAGARIN CHUTHAM VEEDU , MUNAMPAM.

BY ADVS.

SRI.PAUL MATHEW (PERUMPILLIL)

SRI.SANU.S.PANICKER SRI.P.V.SREENIJIN SMT.K.B.SONY RESPONDENT/S:

1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY (SCIENCE TECHNOLOGY, AND ENVIRONMENT DEPT, SASTHRA BHAVAN,, THIRUVANANTHAPURAM 2 THE SECRETARY PALIPURAM GRAMA PANCHAYAT, PALLIPURAM, ERNAKULAM DISTRICT BY ADVS.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA SRI.T.A.SHAJI Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 24802 OF 2009 PETITIONER/S:

ROSAMMA, AGED 46 YEARS, OONNANAL HOUSE,CHERAI.P.O,KUZHUPPILLIL VILLAGE,KOCHI TALUK,, REPRESENTED BY POWER OF ATTORNEY CELIN JOHN,, W/O.JOHN,AGED 46,KIZHAKKEPUTHANPURAYIL,, PERIYAPURAM.P.O,ERNAKULAM DISTRICT.

BY ADVS.

SRI.JOSEPH KODIANTHARA SRI.B.J.JOHN PRAKASH SRI.MATHEWS K.UTHUPPACHAN RESPONDENT/S:

1 PALLIPPURAM GRAMA PANCHAYAT, REP.BY ITS BY ITS SECRETARY,PALLIPPURAM,CHERAI,KOCHI TALUK.

2 UNION OF INDIA REPRESENTD BY ITS PRINCIPAL SECRETARY,MINISTRY OF ENVIRONMENT AND, FOREST,"PARYAVARAN BHAVAN",C.G.O.COMPLEX,LODI ROAD, NEW DELHI.

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REP; BY ITS CHAIRMAN,SCIENCE TECHNOLOGY AND, ENVIRONMENT COMMITTEE AND EX OFFICIO PRINCIPAL, SECRETARY,SCIENCE TECHNOLOGY AND ENVIRONMENT, DEPARTMENT,SASTHA BHAVAN,THIRUVANANTHAPURAM.

BY ADVS.

SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 27498 OF 2009 PETITIONER/S:

GREEN HOPPER HOTELS AND RESORTS (P)LTD., 69/2337 A2,VYSHNAVAM,VALLYPARAMBIL ROAD,, ELAMAKKARA,COCHIN

682026,REP.BY ITS, MANAGING DIRECTOR M.D.KURIAKOSE.

BY ADVS.

SRI.SANTHOSH MATHEW RESPONDENT/S:

1 UNION OF INDIA AND OTHERS REP.BY THE SECRETARY,MINISTRY OF, ENVIRONMENT & FOREST,NEW DELHI.

2 STATE OF KERALA REP.BY THE SECRETARY,DEPARTMENT OF SCIENCE,, TECHNOLOGY AND ENVIRONMENT,, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.

3 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,SASTRA BHAVAN,PATTOM,, THIRUVANANTHAPURAM-04,REP.BY ITS, MEMBER SECRETARY.

4 CENTRE FOR EARTH SCIENCE STUDIES (CESS)

P.B.NO.7250,AKKULAM,THIRUVANANTHAPURAM-31,, REP.BY ITS CO- ORDINATOR (CRZ PROJECTS),, MARINE SCIENCES DIVISION.

5 PALLIPPURAM GRAMA PANCHAYAT (SPECIAL GRADE),CHERAI P.O.,, REP.BY ITS SECRETARY.

BY ADVS.

N.S.DAYA SINDHU SHREE HARI ADVOCATE GENERAL OFFICE KERALA SRI.V.KRISHNA MENON SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P,SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 28168 OF 2009 PETITIONER/S:

1 K.K.PUSHKARAN S/O.KARUNAKARAN, KUTTANPARAMBATHU HOUSE,, PALLIPORT P.O., MUNAMBAM.

2 C.S.AJAYAN AGED 38 YEARS S/O.CHAKKAN SODARAN,, KUTTANPARAMBATHU HOUSE,, PALLIPORT P.O., MUNAMBAM.

3 K.P.PRASANTH AGED 34 YEARS S/O.K.K.PUSHKARAN,, KUTTANPARAMBATHU HOUSE,, PALLIPORT P.O., MUNAMBAM.

4 K.P.PRAJITH AGED 32 YEARS S/O.K.K.PUSHKARAN,, KUTTANPARAMBATHU HOUSE,, PALLIPORT P.O., MUNAMBAM.

BY ADVS.

SRI.K.T.THOMAS SRI.RAJESH VIJAYENDRAN RESPONDENT/S:

1 PALLIPURAM GRAMA PANCHAYAT PALLIPURAM, CHERAI, KOCHI TALUK,, REP. BY ITS SECRETARY.

2 UNION OF INDIA REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT, AND FOREST, 'PARYAVARAN BHAVAN',, CGO COMPLEX, LODHI ROAD, NEW DELHI.

3 STATE OF KERALA REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

4 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN,, SCIENCE TECHNOLOGY AND ENVIRONMENT COMMITTEE,, AND EX.OFFICIO PRINCIPAL SECRETARY,, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SHASTRA BHAVAN, THIRUVANANTH BY ADVS.

N.S.DAYA SINDHU SHREE HARI SMT.MALU JOHN SRI.T.A.SHAJI SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 28199 OF 2012 PETITIONER/S:

K.G.A HOTELS AND RESORTS PVT, LTD

7/311-C, KUNDANOOR, NH-47 BYE PASS, MARADU.P.O, ERNAKULAM, REPRESENTED BY ITS DIRECTOR MR.THOMAS VARGHESE.

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT (RB) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2 THE MARADU MUNICIPALITY REPRESENTED BY ITS CHAIRMAN, MARADU P.O, KOCHI-682

304.

3 THE SECRETARY MARADU MUNICIPALITY, MARADU.P.O, KOCHI-682 304.

(ERSTWHILE MARADU (SPECIAL GRADE) GRAMA PANCHAYAT) 4 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY SASTRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-04, REPRESENTED BY ITS MEMBER SECRETARY.

5 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI.

6 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCIENCE, TECHNOLOGY AND ENVIRONMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

7 CENTRE FOR EARTH SCIENCE STUDIES CESS P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM-31, REPRESENTED BY ITS CO-COORDINATOR (CRZ PROJECTS), MARINE SCIENCE DIVISION.

8 MR AJAYAN ( SOUGHT TO BE IMPLEADED )

MATTAPPILLY HOUSE OCHANTHURUTH POST KOCHI ERNAKULAM DIST ( SOUGHT TO BE IMPLEADED )

BY ADVS.

ASSISTANT SOLICITOR GENERAL B.A. ALOOR SRI.S.CHANDRASENAN SRI.U.K.DEVIDAS SMT.DEVI.C.HARIDAS SRI.V.KRISHNA MENON SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA SMT.P.VIJAYAMMA ARCHANA SURESH EMIL SHAJU K.P.PRASANTH VISHNU DILEEP T.S.KRISHNENDU SRI.PRAKASH M.P., SC, KCZMA MANU S., DSG OF INDIA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 28895 OF 2009 PETITIONER/S:

INDU SUNIL SHRAVANAM,POWER HOUSE ROAD,, TIRUVALLA-689 101.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT/S:

1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REP.BY ITS CHAIRPERSON,SASTHRA BHAVAN,, THIRUVANANTHAPURAM.

2 EZHIKKARA GRAMA PANCHAYAT REP.BY ITS SECRETARY,OFFICE OF THE, EZHIKKARA GRAMA PANCHAYAT,EZHIKKARA P.O.

BY ADVS.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA SRI.M.SASINDRAN Prakash M P, SC, KCZMA Sr. GOVERNMENT PLEADER Sri. T.K Vipindas

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 30962 OF 2009 PETITIONER/S:

JACQUILIN VINCENT JACK VILLA, TC 9/1803-01, BHARAT LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-10 BY ADVS.

SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT/S:

1 THE SECRETARY, KULATHUR GRAMA PANCHAYATH THIRUVANANTHAPURAM DISTRICT.

2 THE EXECUTIVE VICE PRESIDENT GOVERNMENT OF KERALA, SCIENCE AND TECHNOLOGY (A)

DEPARTMENT, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM.

3 THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM., BY ADV SRI.R.T.PRADEEP SR. GP SRI. T.K VIPINDAS SRI. MP PRAKASH, SC, KCZMA

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 30371 OF 2008 PETITIONER/S: AJITHA UDAYAN CHIRAKKAKAM KARA, VARAPUZHA VILLAGE,, ERNAKULAM DISTRICT.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT/S:

1 VARAPPUZHA GRAMA PANCHATATH AND OTHERS REPRESENTED BY ITS SECRETARY, (SPECIAL GRADE), VARAPUZHA P.O.

683 517.

2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRPERSON,, SASTHRA BHAVAN, PATTOM,, THIRUVANANTHAPURAM - 695 004.

3 CENTRE FOR EARTH SCIENCE STUDIESCESS REPRESENTED BY ITS DIRECTOR,, AAKKULAM, THIRUVANANTHAPURAM.

4 UNION OF INDIA REPRESENTED BY ITS DIRECTOR, MINISTRY OF ENVIRONMENT AND FORESTS,, PARYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD,, NEW DELHI - 110 003.

BY ADVS.

SRI.V.A.MUHAMMED SRI.M.SAJJAD SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P SR. GP SRI. T.K VIPINDAS ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 36599 OF 2009 PETITIONER/S:

1 M/S. P.M.C.TOURS AND TRAVELS PVT. LTD.

REPRESENTED BY ITS MANAGING DIRECTOR, SRI. HARISH BABU, REGISTERED OFFICE, SMITHA, VIHAR, PODUVAL JUNCTIION, CHUDUVALATHUR.P.O,, SHORNUR. 2 HARISH BABU SO. BALAN SMITHA VIHAR, PODUVAL JUNCTIION,, CHUDUVALATHUR.P.O, SHORNUR,, PALAKKAD DISTRICT.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT/S:

1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY AUTHORITY, REPRESENTED BY ITS CHAIRPERSON,, SASTHRA BHAVAN, THIRUVANANTHAPURAM.

2 PALLIPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,, OFFICE OF THE PALLIPURAM GRAMA PANCHAYATH,, PALLIPURAM.P.O.

BY ADVS.

SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA SRI.S.RAMESH SRI.T.A.SHAJI Prakash M P SR. GP SRI T.K VIPINDAS ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 32697 OF 2016 PETITIONER/S:

1 SANDUNE PROPERTIES PRIVATE LIMITED REGISTERD OFFICE AT 1ST FLOOR, ANAJANA COMPLEX, VYTTILA, AROOR BYE PAS ROAD,KUNDANNOOR, KOCHI 682 304, REPRESENTED BY ITS DIRECTOR SHAJI K.MATHEW.

BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT/S:

1 MARADU MUNICIPALITY REPRESENTED BY ITS SECRETARY, MARADU, ERNAKULAM 682 304.

2 KERALA COSTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SASTRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 001.

3 THE MINISTRY OF ENVIRONMENT FORESTS AND CLIMATE CHANGE (MOEF&CC), INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI.

BY ADVS.

SRI.T.R.RAJAN SC,MARADU MUNICIPALITY ASSISTANT SOLICITOR GENERAL SRI.M.P.PRAKASH, SC, KCZMA K.S.PRENJITH KUMAR Sr. GOVERNMENT PLEADER Sri. T.K Vipindas WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 35415 OF 2017 PETITIONER/S:

SHABEER P.M.

SHABEER MANZIL, ANDHAKARANZHY,THURAVOOR PO, CHERTHALA, ALLEPPEY 688532 BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT/S:

1 THURAVOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,THURAVOOR, CHERTHALA, ALLAPPUZHA 688532

2 THE DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA 688001

3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY, PATTOM,THIRUVANANTHAPURAM-695001[IMPLEADED AS PER ORDER DATED 10/11/17 IN IA 18058/17]

BY ADVS.

SRI.T.P.SAJAN SRI.P.SANTHOSH KUMAR TR SRI.M.P.PRAKASH, SC, KCZMA

04.03.2024, ALONG WITH WP(C).32639/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

[WP(C) Nos.32639/2015, 1078/2009, 4659/2010, 5252/2010, 29/2017, 6678/2009, 6481/2010, 11469/2010, 13882/2010, 8690/2016, 14315/2008, 14334/2008, 12311/2014, 18087/2009, 14092/2015, 18656/2008, 19291/2009, 19508/2009, 20265/2009, 21019/2009, 21658/2009, 15897/2017, 22372/2008, 24802/2009, 27498/2009, 28168/2009, 28199/2012, 28895/2009, 30962/2009, 30371/2008, 36599/2009, 32697/2016, 35415/2017]

1. Litigation in the nature of various writ petitions laying challenge to the action taken by the Panchayat and various other Authorities for withdrawing the permits issued for the purpose of construction of residences, shops and other commercial establishments are pending in this Court.

2. Before dealing with the matters individually prelude of the controversy leading to promulgation of various notifications by the Central Government on the basis of the power vested in Environmental Law is required to be mentioned.

3. In 1982 working groups were set up by the Ministry of Environment and Forests with the aim to prepare ‘Environmental Guidelines’ for the development of beaches and coastal areas requiring the State Governments to prepare a status report for obtaining situation of the coastal areas, as a pre-requisite to environmental management of the area which was required to be followed by a ‘Master Plan’ identifying the areas required for conservation, preservation, development and other activities.

4. The Ministry of Environment and Forests after having invited objections and considering the objections, issued a notification dated 19th of February, 1991 in exercise of the powers conferred on it by clause (d) of sub-rule (3) of Rule 5 of the Environment Protection Rules, 1986.

5. The said notification declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (hereinafter referred to as ‘HTL’) and land between Low Tide Line (hereinafter referred to as ‘LTL’) as Regulation Zones.

6. Various restrictions for setting up and expansion of industries, operation or processes were imposed and it was clarified that for the purpose of implementation of the notification HTL was required to be defined as the line up to which the highest high tide reaches at springtime.

7. The salient features of the Notification were as under:- "(i) setting up of new industries and expansion of existing industries, except those directly related to waterfront or directly needing foreshore facilities;

(ii) manufacture or handling or storage or disposal of hazardous substances as specified in the notifications of the Government of India in the Ministry of Environment and Forests No. SO 594(E) dated 28-7- 1989, SO 966(E)

dated 27-11-1989 and GSR 1037(E) dated 5-12-1989:

(iii) setting up and expansion of fish processing units including warehousing (excluding hatchery and natural fish drying permitted areas);

(iv) setting up and expansion of units mechanisms for disposal of wastes and effluents, except facilities required for discharging treated effluents into the watercourse with approval under the Water (Prevention and Control of Pollution) Act, 1974 except for storm water drains;

(v) discharge of untreated wastes and effluents from industries, cities or towns and other human settlements; schemes shall be implemented by the authorities concerned for phasing out the existing practices, if any, within a reasonable time period not exceeding three years from the date of this notification;

(vi) dumping of city or town wastes for the purposes of landfilling or otherwise the existing practice, if any, shall be phased out within a reasonable time not exceeding three years from the date of this notification;

(vii) dumping of ash or any wastes from thermal power stations;

(viii) land reclamation, bunding or disturbing the natural course of sea water with similar obstructions, except those required for control of coastal erosion and maintenance or clearing of waterway

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