IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Anilkumar C. – Appellant
Versus
Union Of India – Respondent
WP(C) NO. 3011 OF 2025|WP(C) NO. 4836 OF 2025|WP(C) NO. 9378 OF 2025|WP(C) NO. 10496 OF 2025
| Table of Content |
|---|
| 1. summary of procedural history and factual status of property applications. (Para 1 , 2 , 3 , 4) |
| 2. analysis of pending administrative proposals for czmp modifications. (Para 5 , 6 , 7 , 8) |
| 3. authority of local bodies to grant residential permits under crz 2019. (Para 9 , 10 , 11) |
COMMON JUDGMENT
1.These writ petitions are connected, and almost the same relief is prayed for in these writ petitions. Therefore, I am disposing of these writ petitions by a common judgment.
2. I will take WP(C) No.3011 of 2025 first. Petitioner is a local inhabitant and the owner in possession of 1.21 ares of property in Cheranalloor Village, in Kanayannoor Taluk, in Cheranalloor Grama Panchayath in Ernakulam District. The Petitioner submitted an application for the construction of a residential house having 1200 square feet, before the respondent Panchayath. The 7th Respondent, Secretary of the Panchayat, informed the petitioner that the said property falls under the CRZ II Category and directed him to resubmit the plan, and accordingly, he resubmitted it as per Ext.P6. It is submitted that, as per the provisions of Coastal Regulation Zone Notification 2019 (for short CRZ 2019), dwelling houses up to 300 square meters do not require any permission from the Kerala Coastal Zone Management Authority ( for short 'KCZMA') in case of construction. It is also submitted that the 4th respondent, Panchayath, falls under the CRZ II category. It is further stated in the writ petition that, in Kerala, 66 Panchayaths were included in the CRZ II Category and the petitioner’s panchayat is included in that category. It is further submitted that on the northern side of the petitioner’s property, there is a road. It is further submitted that, as per the CRZ II category, construction is permissible on the landward of the existing authorised structure or road. Therefore, he is eligible and entitled to get a permit from the 8th respondent local body without forwarding it to the 5th respondent. Hence, this writ petition is filed. Similar contentions are made in the other writ petitions as well. The applications submitted by the petitioners in other writ petitions are either for renovation or for a fresh building permit for residential purposes. The definite case of the petitioners is that their property is situated in the residential area, and is in the nature of "purayidom".
3. When these writ petitions came up for consideration on 29.10.2025, this court passed the following order:
"After hearing both sides, I think a common interim order can be passed in these writ petitions. The District Collector, Ernakulam, Secretary of Cheranelloor Panchayat and the Cheranelloor Village Officer shall conduct a site inspection and report the lie and nature of the re.Survey Nos. 417/8-5, 251/3-3, 251/5-2, 325/4-2 & 251/3-2 of Cheranelloor village and also regarding the ground truth with reference to the present Coastal Zone Management Plan. The District Collector, Ernakulam will co-ordinate the inspection and file a report within one month."
4. Now, an inspection report has been submitted by the Additional District Magistrate on behalf of the District Collector. This court perused the above report. A perusal of the report would show that the survey numbers in which the petitioners submitted building permit/renovation applications are all in the nature of 'purayidom/nilam'.
5. The Standing Counsel appearing for the KCZMA submitted that the application submitted by the petitioner in WP(C) No.3011 of 2025 was rejected and is produced in that writ petition with a memo as Annexure R5(1) dated 18.07.2025. The Standing Counsel also submitted that complaints had been received from various parts of the state and the minutes of the 147th meeting of KCZMA held on 08.08.2025 had been made available. This court perused the minutes. In the minutes, it is stated like this:
"Proposal for modification of HTL in CZMP 2019 based on the applications received from individuals/local bodies Decis

Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.