Writ petitions filed by a Panchayat and residents seeking directions to construct a sea wall after erosion destroyed their lands. The Court, noting conflicting needs for turtle habitat conservation and human safety, disposed of petitions by directing a fresh meeting to review prior orders and protect the area until a study is conducted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941
WP(C).No.29730 OF 2019(M)
PETITIONERS:
1 SUBRAMANIAN,
S/O CHERIYAKKAN, CHERIYANGATT,
ARIYALLUR P.O.,MALAPPURAM DISTRICT, PIN-676 312.
2 ANEESH E, AGED 42 YEARS S/O GOPINATHAN NAIR, ARIYALLUR P.O.,MALAPPURAM DISTRICT, PIN-676 312.
BY ADVS.
SRI.K.P.SUDHEER SMT.C.K.SHERIN
RESPONDENTS:
W.P.(C) Nos.29730 & 30870 of 2019
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R1-R6 BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2019, ALONG WITH WP(C).30870/2019(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941
WP(C).No.30870 OF 2019(G)
PETITIONER:
VALLIKKUNNU GRAMA PANCHAYATH, VALLIKKUNNU (POST), MALAPPURAM DISTRICT, PIN-673314, REPRESENTED BY THE SECRETARY.
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENTS:
2 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RECOURSES, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM, PIN-695 001.
W.P.(C) Nos.29730 & 30870 of 2019
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PIN-679329.
R7 BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2019, ALONG WITH WP(C).29730/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.B.SURESH KUMAR, J.
===============
W.P.(C) Nos.29730 & 30870 of 2019
Dated this the 12 th day o f December, 2019.
JUDGMENT
These writ petitions are closely interlinked and they are, therefore, disposed of by this common judgment. The parties and Exhibits are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No. 30870 of 2019.
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undertaking of the Water Resources Department of the State Government that construction of sea wall would not be undertaken at a length of 217 meters, and directing the Chief Secretary of the State Government to convene a meeting of all concerned and take a decision as to whether sea wall has to be constructed at that place. It is alleged by the petitioner that although sea wall has not been constructed at the place mentioned in the judgment in the light of the undertaking recorded, a decision is yet to be taken by the Chief Secretary of the State Government as directed in the judgment. It is also alleged by the petitioner that due to the non-availability of the sea wall, the human habitation near the beach including the road connecting Kadalundi Nagaram and Parappanangadi which was situated about 100 meters away from the beach has been completely destroyed by the sea . It is also alleged by the petitioner that the life of the people has become miserable and hundreds of people are shifted to relief camps. It is further alleged by the petitioner that the place is not a habitat at all for turtle any more and there is absolutely no need for keeping the area mentioned in Ext.P1 judgment without constructing the sea wall. The petitioner, therefore, seeks appropriate directions to the State Government to construct sea wall in the area left over, as mentioned in Ext.P1 judgment also.
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the locality. The case set out by the petitioners in the said writ petition is that pursuant to Ext.P1 judgment, Ext.P6 order was issued by the Chief Secretary directing that sea wall need not be constructed in the place mentioned in the judgment; that the area is not a habitat at all for turtles anymore; that the people in the locality are subjected to untold miseries for want of sea wall and that since Ext.P6 decision was taken on the premise that the area is a habitat for turtles, the same has to be reviewed. The petitioners seek appropriate directions to the State Government on that basis.
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of the endangered turtle as well as the surrounding human habitation of the Muthiyam Beach.
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be protected and the ecology to be preserved can be resolved only by the Government after due deliberation with all the stakeholders.
In the result, the writ petitions are disposed of directing the Chief Secretary to convene a meeting afresh forthwith and take a decision as to whether Ext.P6 order in W.P.(C) No. 29730 of 2019 needs to be reviewed and if so, in which manner. If it is found that a decision in the matter cannot be taken without further study by a competent body, steps shall be taken forthwith to protect the Tippu Sultan Road referred to in the writ petition and the areas beyond its east, leaving the beach area undisturbed.
P.B.SURESH KUMAR, JUDGE
MIN
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APPENDIX OF WP(C) 29730/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF PHOTOGRAPH PUBLISHED IN MATHRUBHOOMI DAILY DATED 26.10.2019 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF REPORT PUBLISHED IN DESHABHMANI DAILY DATED 28.10.2019 |
| EXHIBIT P3 | PHOTOGRAPH SHOWING THE AREA IN QUESTION |
| EXHIBIT P4 | PHOTOGRAPH SHOWING THE AREA IN QUESTION |
| EXHIBIT P5 | TRUE COPY OF JUDGMENT DATED 17.3.2009 IN WPC NO 6448/2009 PASSED BY THIS HON'BLE COURT |
| EXHIBIT P6 | TRUE COPY OF G.O.(RT) NO 592/09/WRD DATED 06.06.2009 PASSED BY WATER RESOURCES (IRRIGATION)DEPARTMENT, GOVERNMENT OF KERALA |
| EXHIBIT P7 | TRUE COPY OF REPRESENTATION DATED 13.6.2019 SUBMITTED BY MLA, VALLIKUNNU CONSTITUENCY BEFORE THE 1ST RESPONDENT |
| EXHIBIT P8 | TRUE COPY OF REPRESENTATION DATED 26.8.2019 SUBMITTED BY MLA, VALLIKUNNU CONSTITUENCY BEFORE THE 1ST RESPONDENT |
| EXHIBIT P9 | TRUE COPY OF LETTER NO IRS/330/2019/WRS DATED 2.9.2019 ISSUED BY SECRETARY, WATER RESOURCES DEPARTMENT TO RESPONDENTS 2 TO 4 |
| EXHIBIT P10 | TRUE COPY OF REPLY DATED 25.10.2019 ISSUED BY THE OFFICE OF HON'BLE CHIEF MINISTER TO ONE VINAYAN PAROL |
| EXHIBIT P11 | TRUE COPY OF REPRESENTATION DATED 29.10.2019 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENTS |
| EXHIBIT P12 | TRUE COPY OF POSTAL RECEIPTS (7 NOS) |
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APPENDIX OF WP(C) 30870/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN WPC NO 6448/2009 DATED 17.3.2009
EXHIBIT P2 A TRUE COPY OF LETTER NO D.M.1-244431/2019 SUBMITTED BY THE 8TH RESPONDENT DISTRICT COLLECTOR BEFORE 2ND RESPONDENT DATED 20.9.2019 EXHIBIT P3 A TRUE COPY OF THE LETTER SUBMITTED BY PRESIDENT VALLIKKUNNU GRAMA PANCHAYATH BEFORE CHIEF MINISTER OF KERALA DATED 29.10.2019 EXHIBIT P4 A TRUE COPY OF LETTER NO B2-9736/2019 SUBMITTED BY THE 7TH RESPONDENT DIVISIONAL FOREST OFFICER BEFORE THE 8TH RESPONDENT DISTRICT COLLECTOR DATED 13.11.2019
3 issues framed by the court
Whether the state is obliged to protect threatened turtle habitats while also addressing human displacement due to erosion.
Whether a fresh meeting of stakeholders is required to decide if the earlier order exempting a sea wall needs review.
What interim steps the court can direct to protect the road and areas beyond it pending a decision.
Vallikkunnu Grama Panchayat
Subramanian
Aneesh E
State of Kerala
Chief Engineer, Irrigation and Administration
District Collector, Malappuram
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
