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2025 Supreme(Online)(Ker) 38486

IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, P. V. BALAKRISHNAN, JJ
KERALA COASTAL ZONE MANAGEMENT AUTHORITY – Appellant
Versus
GALAXY HOMES PVT.LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PRAKASH M.P.
For the Respondents: SRI.P.B.SAHASRANAMAN, SRI.K.B.ARUNKUMAR, SRI.T.S.HARIKUMAR, SRI.SANAND RAMAKRISHNAN

Table of Content
1. nature of the writ petition and prior orders. (Para 2 , 3)
2. objections raised by the municipal corporation. (Para 4 , 5 , 6)
3. site inspection report findings. (Para 7 , 8)
4. court's stance on jurisdiction and permit renewal. (Para 9 , 10)

JUDGMENT AMIT RAWAL, J .

The intracourt appeal under Section 5 of the Kerala High Court Act , 1958, has been preferred against the order of learned Single Judge dated 29.10.2024 in W.P(C).40980/2022. For the sake of brevity, the impugned order is extracted hereinbelow:

“The prayer in the writ petition is for a direction to respondents 1 and 2 to renew the building permit granted to the petitioner. There is also a prayer to declare that the subject property of the petitioner cannot be affected by the CRZ Notification, 1991 and therefore does not require clearance from the CRZ authorities.

2. This Court had passed an interim order on 20.06.2024 directing the Corporation to reconsider the renewal application submitted by the petitioner on 17.05.2022 in accordance with the provisions of the building Rules in existence as on the date of grant of Ext.P2 permit and dehors the reasons stated in Ext.P6. Pursuant to the said order, the Corp

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