Disposed

State Environment Protection Council v. the State of Kerala

Kerala HC7 Oct 2014WP(C)/9598/2014

Case brief

AI extract

What is this about?

The Court directed the State Government to provide necessary facilities for camp sittings of the Tribunal for Local Self Government Institutions in Ernakulam and Kozhikode within two months, while leaving the question of establishing further Tribunals open.

What did the court decide?

Direction to State Government to provide facilities for camp sittings in Ernakulam and Kozhikode within two months.

State Environment Protection Council Vs the State of Kerala — Kerala HC (2014) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

¶4

TUESDAY, THE 7TH DAY OF OCTOBER 2014/15TH ASWINA, 1936

¶5

WP(C).No. 9598 of 2014 (S)

¶6

PETITIONER :

¶7

STATE ENVIRONMENT PROTECTION COUNCIL, REG. NO. S/250/7 PP XI. 404, P.O. CHALAD, KANNUR-670 014, REPRESENTED BY ITS PRESIDENT SRI. SATHEESH KUMAR PAMBAN.

¶8

BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶11

2. THE SECRETARY, TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, TRIDA BUILDINGS, MEDICAL COLLEGE POST, THIRUVANANTHAPURAM-695 001.

¶12

*ADDL.R3 IS IMPLEADED

¶13

*Addl.R3. COCHIN CORPORATION, REPRESENTED BY ITS SECRETARY, PARK AVENUE,COCHIN - 682 035.

¶14

*** IS IMPLEADED AS ADDITIONAL RESPONDENT NO.3 VIDE ORDER DATED 18.09.2014 IN IA.NO. 12207/2014.**

¶15

R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN ADDL.R3 BY ADV. SRI.BABU KARUKAPADATH,SC,COCHIN CORPORATION

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2014, ALONG WITH WPC.NO. 17152/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

sts

¶18

WP(C).No. 9598 of 2014 (S)

¶19

APPENDIX

¶20

PETITIONER(S)' EXHIBITS

¶21

P1. TRUE PHOTOSTAT COPY OF THE TRIBUNAL FOR THE KERALA LOCAL SELF GOVERNMENT INSTITUTIONS RULES, 1999.

¶22

P2. TRUE TYPED COPY OF THE G.O(P) NO. 52/04/LSGD, DATED 5TH FEBRUARY, 2004 ISSUED BY THE 1ST RESPONDENT.

¶23

P3. TRUE PHOTOCOPY OF THE REPRESENTATION SENT BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6-3-2014.

¶24

RESPONDENT(S)' EXHIBITS & ANNEXURES:

¶25

ANNEX R1(a) TRUE COPY OF THE COMMUNICATION DATED 28/10/2013. AND COMMUNICATION NO.27190/IAI/2014/LSGD DATED 09/07/2014 ANNEX R1(b) TRUE COPY OF THE REMINDER NO.27190/IAI/2014/LSGD DATED 16/08/2014.

/TRUE COPY/

P.S.TO.JUDGE

sts

THOTTATHIL B. RADHAKRISHNAN &

¶30

BABU MATHEW P. JOSEPH, JJ.

¶31

==============================

¶32

W.P.(C)Nos. 9598 & 17152 of 2014

¶33

==============================

¶34

Dated this the 7^th day of October, 2014

¶35

JUDGMENT

¶36

Thottathil B. Radhakrishnan, J.

¶37

These writ petitions are filed highlighting the need to establish the Tribunals for Local Self Government Institutions in all districts in conformity with the provisions of the Kerala Panchayat Raj Act, 1994 and the Kerala Municipalities Act, 1994.

¶38

The stand taken by the State Government is that as of now, it is not feasible to establish the Tribunals in all districts having regard to various factors, including lack of funds, infrastructure etc. It is, however, submitted that the State Government has accepted the suggestion of the Tribunal that it could hold sittings for the time being in Ernakulam and Kozhikode apart from its headquarters at Thiruvananthapuram. It is submitted by the State Attorney that appropriate place has been

¶39

WPC 9598 & 17152/14 2

¶40

identified by the State Government for being utilised for the camp sittings as stated above.

¶41

Recording the aforesaid submission on behalf of the State Government, it is hereby directed that all necessary facilities for camp sittings in Ernakulam and Kozhikode shall be made available by the State Government for the Tribunal to hold sittings in those stations as well, within a period of two months from now without fail. The question whether the establishment of further camp sittings or constitution of further Tribunals is required is left open for the time being.

¶42

These writ petitions are ordered accordingly. Communicate a copy of this judgment to the Local Self Government Department.

¶43

Sd/-

¶44

THOTTATHIL B. RADHAKRISHNAN JUDGE

¶45

Sd/- BABU MATHEW P. JOSEPH JUDGE

ks.

True copy

P.S.To Judge

WPC 9598 & 17152/14 3

¶50

WPC 9598 & 17152/14 4

State Environment Protection Council v. the State of Kerala

Case brief

What is this about?

What did the court decide?

State Environment Protection Council v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Hakkim Vs the Oriental Insurance Co.Ltd.

D.Madhavan Nair Vs the Chief Executive Officer

Sakkariya Vs K.K.Manikantan and Another

Babitha Sam Vs State of Kerala

The Commandant Officer Vs K.N. Janardhanan

K.K.Balakrishnan Vs Cochin Devaswom Board