High Court of KeralaSingle Judge2024-02-14Disposed of with directions; matter to be decid...

REGHU R. @ REGHU MADATHIL S/O PARUKUTTY AMMA v NEENDAKARA GRAMA PANCHAYAT & ORS

Case / Petition Number:WP(C) NO. 12968 OF 2008

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2024-02-14
Court Decision / Holding: 1) The 5th respondent is directed to consider Ext.P17 and pass appropriate orders expeditiously after hearing the petitioner. 2) Pending final orders in Ext.P17, the petitioner may continue the hotel and bar, provided all other licenses exist and are obtained in accordance with law. 3) The petitioner may continue the hotel management and related courses until Ext.P17 is decided, subject to compliance with other statutory licenses and permits.
Final Disposition: Disposed of with directions; matter to be decided by 5th respondent on Ext.P17 expeditiously; status quo maintained for hotel operations and courses pending final orders subject to compliance with other licences.

Parties to the Case

Appellants / Petitioners

REGHU R. @ REGHU MADATHIL S/O PARUKUTTY AMMA

Respondents

Neendakara Grama Panchayat (and others) represented by its Secretary, Neendakara P.O., Kollam
Kerala Coastal Zone Management Authority represented by its Chairperson
State of Kerala represented by its Secretary, Local Self Government Department
Ex-officio Principal Secretary to Government, Science & Technology (A), Department
Union of India, Ministry of Environment and Forests represented by its Principal Secretary
Member Secretary, Kerala State Council for Science, Technology & Environment
District Collector, Kollam
The Town Planner, Kollam
Mr. Vikrama Kumar So. Vasudevan Nair

Legal Representation & Advocates

Counsels for Petitioners

• SRI.M.G.KARTHIKEYAN
• SRI.NIREESH MATHEW
• SRI.SAJI SANKARAN NAIR

Counsels for Respondents

• SC, KCZMA
• SRI.P.PARAMESWARAN NAIR, ASG OF INDIA
• DSGI Prakash M P
• SRI.ABRAHAM THOMAS CGC
• SRI.P.PARAMESWARAN NAIR, ASG OF INDIA
• SRI.GEORGE ZACHARIA CGC
• SRI.P.GOPINATH (SR.)
• M.SASINDRAN
• SRI.S.RAMESH, CCOASTAL ZONE MANAGEMENT
• MANU S., DSG OF INDIA

Case Synopsis & Summary

This writ petition under WP(C) No.12968 of 2008, filed in the High Court of Kerala at Ernakulam, concerns the legality and regulatory classification of a building constructed by the petitioner for operating a hotel and a School of Hotel Management. The petitioner contends that the construction is legal, the petitioner is entitled to run a hotel and an educational institution, and that the area is not within the Coastal Regulation Zone (CRZ). The petition seeks quashing of Exhibits P12 and P14 and issuance of mandamus to grant necessary licenses. The matter touches the regulatory regime governing CRZ classifications (CRZ II vs CRZ III) and licensing under the Foreign Liquor Rules (notably Section 13(3)). The respondent authorities include local Panchayat, the Kerala Coastal Zone Management Authority (KCZMA), the State government, and the Union government, among others. During pendency, the petitioner pursued interim relief and sought a determination from the 5th respondent (Ministry of Environment and Forests) via Ext.P16 and Ext.P17; NCZMA’s functioning is referenced as a context for the challenge. The court ultimately disposed of the petition by directing the 5th respondent to decide Ext.P17 expeditiously after hearing, while allowing the petitioner to continue hotel operations and courses pending final orders, subject to compliance with other statutory licenses. The judgment reflects a balance between regulatory CRZ considerations and the petitioner’s ongoing business and educational activities.

Provisions of Law Cited

Section 13(3) of the Foreign Liquor RulesCoastal Regulation Zone (CRZ) Notification, with CRZ II/CRZ III classifications

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the construction for a hotel and a School of Hotel Management is legal, argues that the area is not within CRZ, and seeks quashing of Exts. P12 and P14 and a mandamus for licenses. He relies on prior interim orders and the recognition of the hotel and courses, asserting continuation subject to compliance with other statutory licences. He requests that Ext.P17 be considered by the 5th respondent to resolve regulatory issues, and seeks permission to operate pending resolution.

Contentions of Respondents

The respondents contend that Ext.P14 identifies the hotel as being in CRZ-III and view the regulatory framework as governing CRZ classifications; they emphasize that NCZMA has been non-functional and that the Ministry of Environment and Forests should adjudicate similar challenges; they oppose premature licenses and emphasize the need to observe statutory licensing, environmental, and zoning requirements. They urge preservation of status quo and await final orders from the competent authority (5th respondent).

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
W.P.(C). No. 26887/2007	W.P.(C). No. 26887/2007	Positive	Cited for the fact that interim arrangements and recognition of building status/licensing were established in 2012, supporting the petitioner's ongoing use, which informs the court's stance on continuing operations pending final resolution.
Writ Appeal No. 287/2012	Writ Appeal No. 287/2012	Positive	Division bench held that the hotel was issued with a bar licence under Section 13(3) of the Foreign Liquor Rules, supporting the petitioner's licensing posture in the current matter.

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Extracted Judgment Text

Exact text extracted from official judgment records.

WP(C) NO. 12968 OF 2008 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 WP(C) NO. 12968 OF 2008** ## **PETITIONER/S:** REGHU.R @ REGHU MADATHIL S/O.PARUKUTTY AMMA, MADATHIL HOUSE,, PARIMANOM, NEENDAKARA, KOLLAM. BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW SRI.SAJI SANKARAN NAIR ## **RESPONDENT/S:** 1 NEENDAKARA GRAMA PANCHAYAT & OTHERS REPRESENTED BY ITS SECRETARY,, NEENDAKARA P.O. KOLLAM. 2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRPERSON,, SASTHRABHAVAN, THIRUVANANTHAPURAM. 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY,, LOCAL SELF GOVERNMENT DEPARTMENT,, KERALA GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM. 4 EX-OFFICIO PRINCIPAL SECRETARY TO GOVERNMENT, SCIENCE & TECHNOLOGY (A), DEPARTMENT, KERALA GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM. WP(C) NO. 12968 OF 2008 2 5 UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS,, REPRESENTED BY ITS PRINCIPAL SECRETARY,, PARYAVARAN BHAVAN, NEW DELHI. 6 MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE,, TECHNOLOGY & ENVIRONMENT,, THIRUVANANTHAPURAM. 7 THE DISTRICT COLLECTOR, KOLLAM 8 THE TOWN PLANNER, KOLLAM 9 MR.VIKRAMA KUMAR SO.VASUDEVAN NAIR AGED 49 YEARS, 'ATHAM', KOLLAM - 9. BY ADVS. SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA GOVERNMENT PLEADER SRI.P.PARAMESWARAN NAIR,ASG OF INDIA DSGI Prakash M P SRI.ABRAHAM THOMAS CGC SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SHRI.GEORGE ZACHARIA CGC P.GOPINATH (SR.) M.SASINDRAN SRI.S.RAMESHS CCOASTAL ZONE MANAGEMENT MANU S., DSG OF INDIA ## **OTHER PRESENT:** SRI BS SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12968 OF 2008 3 ## **P.V.KUNHIKRISHNAN, J --------------------------------------W.P.(C.) No. 12968 of 2008** ## **-------------------------------------Dated this the 14[th] day of February, 2024** ## **JUDGMENT** ## This writ petition is filed with following prayers: - i. Issue a writ of Certiorari or other appropriate writ, order or direction quashing Exhibits P12 and P14. - ii. Issue appropriate writ or order declaring that the constructions made by the petitioner is legal, that petitioner is entitled to start a hotel and school of hotel management in the building constructed by him and referred to in Exhibits P7 to P9 that respondents 1 to 8 have no right to interfere with the construction/building or prevent petitioner from conducting school for hotel management and hotel in the building. - iii. Pass an order declaring that the place where petitioner has constructed the building referred to in Exhibits P7 to P9 is not an area with in the coastal regulation zone. - iv. Issue a writ of mandamus or other appropriate writ, order or direction commanding first respondent to issue necessary license to the Petitioner for starting School for WP(C) NO. 12968 OF 2008 4 Hotel Management and a hotel as part of the school in the building referred to in Exhibits P7 to P9. - v. Issue a writ of certiorari or other appropriate writ, order or direction quashing Exhibits R7 (c), 7 (d), 7 (e) and 7 (f). - vi. Mould and grand such other reliefs which this Hon'ble Court deems just and necessary and that may be prayed for by the Petitioner while hearing the Writ Petition. ## (SIC) 2. When this writ petition came up for consideration, the learned Senior Counsel Adv..C.C.Thomas, as instructed by Adv.M.G.Karthikeyan, submitted that the petitioner will be satisfied if a direction is issued to consider Ext.P16 by the 5[th] respondent. This writ petition is filed to quash Exts.P12 and P14 orders passed by the 4[th] respondent. Ext.P14 is passed in pursuance to the directions issued by this Court in the interim order dated 30.07.2007. Thereafter Ext.P14 is challenged by amending the writ petition. Now this writ petition is filed to quash Ext.P14 and for a declaration and consequential direction. WP(C) NO. 12968 OF 2008 5 When this writ petition came up for consideration, this Court passed an interim order to maintain status quo. It is submitted that as per the judgment dated 24.02.2012 in W.P.(C). No.26887/2007, the building was numbered and as per the judgment of the Division bench of this Court in Writ Appeal No.287/2012, the hotel of the petitioner is issued with bar licence under Section 13(3) of the Foreign Liquor Rules. The Hotel of the petitioner is a four star classified hotel and conducting with all licences in the light of the interim order is the submission. It is also submitted that all other licences are issued by the statutory authorities and the petitioner is operating the hotel subject to the result of the writ petition. It is further submitted that the petitioner is conducting different courses for Hotel Management, Catering,etc. It is the submission of the petitioner that the institution of the petitioner can be considered as an educational institution also. Certificates are being issued and the courses conducted by the petitioner are WP(C) NO. 12968 OF 2008 6 accepted and recognized also is the further submission. 3. It is submitted that during the pendency of the above writ petition, the applicant is advised to file a petition before the National Coastal Zone Management Authority (NCZMA), Ministry of Environment and Forest, New Delhi, challenging Ext.P14 order. Ext.P16 is the said petition, which is produced in I.A.No.1/2023. It is further submitted that Ext.P16 is filed on the basis of notification SO 851(E) dated 16.04.2022 whereby term extended for a period of 2 years with effect from the date of publication of the order. It is further submitted that, originally, NCZMA is constituted as per SO.302(E) dated 08.02.2011 for a period upto 31.12.2011. Thereafter, the Government of India in the Ministry of Environment and Forest No.SO.10(E) dated 03.01.2012 extended the validity till 07.02.2012. Thereafter again it is extended for 2 years. Since NCZMA is functioning for a period of 2 years from 16.04.2022, the applicant filed Ext.P16 challenging Ext.P14 order is the submission. No orders are WP(C) NO. 12968 OF 2008 7 passed due to pendency of above Writ Petition is the further submission. 4. It is submitted that the applicant understood on enquiry that the NCZMA is not functioning at present and the Ministry of Environment and Forest is the authority to interfere with any orders similar to Ext.P14. Hence the petitioner filed a petition before the 5[th] respondent on 02.02.2024 challenging Ext.P14 order. Ext.P17 is the said petition. It is submitted that the 5[th] respondent is the authority at present for considering the challenge against orders similar to Ext.P14. According to the petitioner, the hotel is constructed and the classification is CRZII. But the 4[th] respondent says in Ext.P14 that the hotel is constructed in CRZ-III. According to the petitioner, there is no violation and if the matter is considered by the 5[th] respondent based on Ext.P17, there will be quietus to the issue. The senior counsel also submitted that the hotel and the educational institution may be allowed to function till orders are passed in WP(C) NO. 12968 OF 2008 8 ## Ext.P17. I think that prayer can be allowed. ## Therefore, this writ petition is disposed of with the following directions: - 1) The 5[th] respondent is directed to consider Ext.P17 and pass appropriate orders in it as expeditiously as possible, after giving an opportunity of hearing to the petitioner. - 2) Till final orders are passed in Ext.P17 by the 5[th] respondent, the petitioner is allowed to continue the hotel and bar if the same is having all other licences in accordance with law. - 3) The petitioner is also free to continue the courses for Hotel Management,Catering etc. till orders are passed in Ext.P17. In other words, the status quo as on today can continue till orders are passed in Ext.P17 on condition that the petitioner will get other licences and permits from the statutory authorities in accordance with law. ## **Sd/-** ## **P.V.KUNHIKRISHNAN JUDGE** JV/SKS WP(C) NO. 12968 OF 2008 9 ## **APPENDIX OF WP(C) 12968/2008** PETITIONER EXHIBITS Exhibit P16 TRUE PHOTOCOPY OF THE PETITION DATED 10.03.2012 ALONG WITH ANNEXURES SUBMITTED BEFORE THE 5TH RESPONDENT Exhibit P17 TRUE PHOTOCOPY OF THE PETITION DATED 02.02.2024 SUBMITTED BEFORE THE 5TH RESPONDENT ALONG WITH ANNEXURES.