JEMEEN SREEDHARAN v. EDAVA GRAMA PANCHAYATH and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR`** ``` & ``` ``` THE HONOURABLE MR. JUSTICE SHAJI P.CHALY ``` ``` MONDAY, THE 10[TH] DAY OF OCTOBER 2022 / 18TH ASWINA, 1944 ``` # **`WP(C) NO. 1939 OF 2020`** ## **`PETITIONERS:`** ``` 1JEMEEN SREEDHARAN AGED 43 YEARS, S/O.SREEDHARAN, 'SANGAMAM', AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 310. 2K.ARUN AGED 50 YEARS, S/O.KUMARAN, SANTHI NIKETHAN, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 310. 3VISHNU.A.P. AGED 35 YEARS,S/O.PEETHAMBARAN, MALIKAKADA VEEDU, AVANAVANCHERY.P.O., ATTINGAL, THIRUVANANTHAPURAM. ``` ``` BY ADVS. G.S.REGHUNATH SMT.GAYATHRI P.G. M.RAMASWAMY PILLAI ``` ## **`RESPONDENTS:`** ``` 1EDAVA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VARKALA, VARKALA.P.O., THIRUVANANTHAPURAM-695 141. 2THE SECRETARY, EDAVA GRAMA PANCHAYAT, VARKALA, VARKALA.P.O., THIRUVANANTHAPURAM – 695 141. 3ELAKAMON PANCHAYATH, REPRESENTED BY ITS SECRETARY, AYIROOR.P.O., VARKALA, THIRUVANANTHAPURAM, PIN-695 310. ``` **W.P.(C)No.1939 of 2020** **2** - `4 SECRETARY, ELAKAMON PANCHAYATH, AYIROOR.P.O., VARKALA, THIRUVANANTHAPURAM, PIN-695 310.` - `5 THE SECRETARY, LOK AYUKTA, LEGISLATIVE ASSEMBLY COMPLEX, THIRUVANANTHAPURAM, PIN-695 033.` - `6 THE HEALTH INSPECTOR, EDAVA GRAMA PANCHAYATH, EDAVA, EDAVA.P.O., THIRUVANANTHAPURAM-695 311.` - `7 THE SENIOR TOWN PLANNER (VIGILANCE), SWARAJ BHAVAN, NANTHENCODE, KOWDIAR (PO), THIRUVANANTHAPURM-695 003.` - `8 DR.VEENA N.MADHAVAN, IAS, MEMBER SECRETARY,` - `KERALA COASTAL ZONE MANAGEMENT AUTHORITY, CENTRAL TRANSPORT BHAVAN, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM-695 001. (AMENDED AS PER ORDER IN I.A.NO.1819/2018 DATED 29.11.2018.)` - `9 JACOB KOSHY, AGED 58, S/O.PHILIPOSE KOSHY, RESIDING AT CHIN KOSH VILLA, PANKONAM, MUKHATHALA.P.O., KOLLAM-691 577. (MANAGER, HILL COUNTRY AND RESORTS INDIA LTD.)` - `10 GEORGE CHAVANIKKAMANNIL KOSHY, MANAGING DIRECTOR, HILL COUNTRY HOTELS AND RESORTS INDIA LTD., KAYALPURAM, AYIROOR (P.O.) , VARKALA, THIRUVANANTHAPURAM-695 310.` - `11 HILL COUNTRY HOTELS AND RESORTS INDIA LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KAYALPURAM, AYIROOR (P.O.), VARKALA, THIRUVANANTHAPURAM-695 310.` - `12 STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.` **3** ## **W.P.(C)No.1939 of 2020** ``` 13THE DIRECTOR, DIRECTORATE OF PANCHAYATHS, PMG JUNCTION, PUBLIC OFFICE BUILDING, MUSEUM.P.O., THIRUVANANTHAPURAM-695 033. ``` ``` SRI V.TEKCHAND, SR. GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C)No.1939 of 2020** **4** ## **JUDGMENT** ## Dated this the 10[th ] day of October, 2022 ## **S.Manikumar, C.J.** When the matter came up for admission on 23.01.2020, ## we passed the following order: “Challenge is to the order dated 21.11.2019 in Complaint No.1074 of 2017 passed by the Lok Ayukta, by which the Health Inspecto, Edava Grama Panchayat, Edava and the Secretary, Edave Grama Panchayat, Edava, Thiruvananthapuram (respondents 4 and 6 therein) were directed to appear in person before the Forum on 9.1.2020 along with connected files to explain the matter and also to show cause why the Forum should not initiate action against them under the provisions of the Kerala Lok Ayukta Act, 1999. 2. Subject to maintainability of the prayer for quashing Exhibits P13(a), P13(b) and P13(c), which are proceedings issued pursuant to the direction of this Court in W.P(C). No.23231 of 2013, filed by public interest litigants against the unauthorised construction carried out by Blue Water Beach Resort, Udayam Beach, Edava and taking note of the decision of this Court in **Jose V. Jacob v. Thalayolaparambu Grama Panchayat** reported in **2016 (1) KLT 362** , which explained the scope and powers of Lok Ayukta, Mr. V. **W.P.(C)No.1939 of 2020** **5** Tekchand, learned Senior Government Pleader is directed to take out notice to respondent Nos. 7, 12, and 13. Issue notice to other respondents, returnable in three weeks. 3. Instant writ petition is filed combining a prayer to quash the orders of Lok Ayukta. This Court is of the view that Exhibits P13(a), P13(b) and P13(c) are proceedings of the year 2015, though claimed to have been served on the petitioner in the year 2020, still there is remedy before the alternative authority, subject of course, the petitioner satisfying the alternate authority that the said proceedings are served only in the year 2020, which prevented the petitioner from approaching the authority within the period of limitation.” 2. On this day, when the matter came up for hearing, Adv.Antony Joseph, representing Mr. G.S. Reghunath, learned counsel for the petitioners, submitted that there are no instructions from the petitioners. The said submission is placed on record. 3. That apart, even as early as on 26.09.2022, we made it clear that if steps are not taken, writ petition would stand dismissed. **6** ## **W.P.(C)No.1939 of 2020** As steps have not been taken as directed, writ petition is dismissed. Pending interlocutory applications, if any, shall stand closed. Sd/- **S.Manikumar Chief Justice** Sd/- **Shaji P.Chaly Judge** **vpv** **7** ## **W.P.(C)No.1939 of 2020** ## **`APPENDIX OF WP(C) 1939/2020`** ``` PETITIONER EXHIBITS ``` - `EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT (6 IN NUMBER).` - `EXHIBIT P1(A) TRUE COPY OF THE LAND TAX RECEIPT DATED 4.10.2019 ALONG WITH ITS TRUE ENGLISH TRANSLATION.` - `EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 5.9.2008 ENTERED INTO BY 1ST PETITIONER WITH 2ND RESPONDENT.` - `EXHIBIT P3 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY 1ST PETITIONER IN FAVOUR OF 2ND PETITIONER DATED 12.9.2005.` - `EXHIBIT P4 TRUE COPY OF THE LICENCE ISSUED BY THE 12TH RESPONDENT DATED 29.3.2019.` - `EXHIBIT P5 TRUE COPY OF THE D&O LICENCE COPY OBTAINED BY THE 3RD PETITIONER TO CONDUCT THE RESTAURANT ALONG WITH ITS TRUE ENGLISH TRANSLATION DATED 6.5.2019.` - `EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 4.5.2019 FOR PAYMENT OF LICENCE FEE BY 3RD PETITIONER.` - `EXHIBIT P7 TRUE COPY OF THE COMPUTER PRINT OF TRIP ADVISOR OBTAINED BY BLUE WATER RESORT TO SHOW THAT THE 2ND PETITIONER IS CONDUCTING THE RESORT IN A LEGAL AND REPUTED MANNER.` - `EXHIBIT P8 TRUE COPY OF THE REGISTRATION CERTIFICATE OBTAINED BY 2ND PETITIONER IN THE NAME OF "BLUE WATER BEACH RESORT" DATED 19.12.2008.` - `EXHIBIT P8(A) TRUE COPY OF THE TRADEMARK REGISTRATION IN THE NAME OF BLUE WATER BEACH RESORT DATED 25.7.2018.` **W.P.(C)No.1939 of 2020** **8** - `EXHIBIT P9 TRUE COPY OF THE CENTRAL EXCISE REGISTRATION CERTIFICATE.` - `EXHIBIT P10 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21.9.2017.` - `EXHIBIT P11 TRUE COPY OF THE COMMON ORDER DATED 13.7.2016 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPUPRAM IN APPEAL NO.428/2016 & 429/2016.` - `EXHIBIT P12 TRUE COPY OF THE ORDER DATED 21.11.2019 IN COMPLAINT NO.1074/2017 D OF THE KERALA LOK AYUKTA.` - `EXHIBIT P13 TRUE COPY OF THE REPLY STATEMENT DATED 28.11.2017 IN COMPLAINT NO.1074/2017 D BEFORE THE KERALA LOK AYUKTA.` - `EXHIBIT P13(A) TRUE COPY OF THE ORDER DATED 28.12.2015 OF THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION.` - `EXHIBIT P13(B) TRUE COPY OF THE NOTICE DATED 28.12.2015 ISSUED BY 1ST RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION.` - `EXHIBIT P13(C) TRUE COPY OF THE ORDER DATED 18.4.2016 ISSUED BY 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION.` - `EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN WPC.NO.23231/2013 DATED 20.7.2015.` - `EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN WPC.NO.28570/2011 DATED 14.7.2017.` - `EXHIBIT P16 TRUE COPY OF THE TAX RECEIPT DATED 28.9.2019 ALONG WITH ITS TRUE ENGLISH TRANSLATION.` - `EXHIBIT P17 TRUE COPY OF THE PROPERTY TAX RECEIPTS FOR PAYMENT OF TAX FOR THE BUILDINGS(2 IN NOS.)` **9** ## **W.P.(C)No.1939 of 2020** ``` EXHIBIT P18TRUE COPY OF THE OCCUPATION CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 11.8.2010 ALONG WITH ITS TRUE ENGLISH TRANSLATION. ``` //true copy// P.A. to Judge