Dismissed
Western Ghats Protection Council, v. Union of India
Kerala HCWP(C)/18503/2021
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 4TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943
WP(C) NO. 18503 OF 2021
PETITIONER:
WESTERN GHATS PROTECTION COUNCIL,
(REG. NO. WYD/CA/137/2019) BUILDING NO. 419,
KALPETTA P.O., WYNAD DISTRICT-673 121,
REPRESENTED BY ITS PRESIDENT VARGHESE VATTEKATTIL.
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
ANUPAMA JOHNY
P.MAYA
K.S.SUDHA
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001.2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.3 THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.4 THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.5 CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIME BRANCH, TC 1757/5, CBI OCR COMPLEX, MUTTATHARA, VALLAKADAVU POST, THIRUVANANTHAPURAM, KERALA-695 008, REPRESENTED BY THE DIRECTOR.W.P.(C)No.18503 of 2021-S
2
6 THE DISASTER MANAGEMENT AUTHORITY, STATE OF KERALA, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS CHAIRMAN.7 THE DISTRICT DISASTER MANAGEMENT AUTHORITY, KALPETTA, WYNAD DISTRICT-673 121, REPRESENTED BY ITS CHAIRMAN.8 THE DISTRICT COLLECTOR, WAYANAD DISTRICT-673 121.9 VIGILANCE AND ANTI CORRUPTION BUREAU, DIRECTORATE, THEKKUMMODU, SASTHAMANGALAM, THIRUVANANTHAPURAM, KERALA-695 010.10 THE CHIEF EXECUTIVE, THE DISTRICT DISASTER MANAGEMENT AUTHORITY, KALPETTA, WAYANAD DISTRICT-673 121.11 THE DISTRICT POLICE CHIEF, WYNAD DISTRICT-673 501.12 THE STATION HOUSE OFFICER, PADINJARATHARA POLICE STATION, WYNAD DISTRICT-673 575.13 THE DIVISIONAL FOREST OFFICER, WILD LIFE FOREST DIVISION, SULTHANBATHERY, WYNAD DISTRICT-673 592.14 THE KERALA POLLUTION CONTROL BOARD, DISTRICT OFFICE, PINANGODE ROAD, SUBHASH NAGAR, KALPETTA, WYNAD, KERALA-673 121.15 GEOLOGICAL SURVEY OF INDIA, NETTAYAM, THIRUVANANTHAPURAM-695 013, REPRESENTED BY ITS DIRECTOR.16 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, MEENANGADI, WYNAD, KERALA-673 122.17 REAL ESTATE REGULATORY AUTHORITY, TC 25/1379, CRA D-112, CHARACHIRA ROAD, NEAR PENTECOSTAL CHURCH PLAMOODU, THIRUVANANTHAPURAM, KERALA-695 003, REPRESENTED BY THE CHAIR PERSON.3
W.P.(C)No.18503 of 2021-S
18 DISTRICT TOURISM PROMOTION COUNCIL, CIVIL STATION, NORTH, KALPETTA, WAYANAD-673 122, REPRESENTED BY ITS CHAIRMAN.19 THE VILLAGE OFFICER, KAVUMANNAM VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT-673 121.20 THARIYODE GRAMA PANCHAYATH, KAVUMMANNAM P.O., WYNAD DISTRICT-673121, REPRESENTED BY ITS SECRETARY.21 THE SECRETARY, THARIYODE GRAMA PANCHAYATH, KAVUMMANNAM P.O., WYNAD DISTRICT-673 121.22 THE PRESIDENT, THARIYODE GRAMA PANCHAYATH, KAVUMMANNAM P.O., WYNAD DISTRICT-673 12123 M/S. KENZA WELLNESS HOSPITAL LLP (LIMITED LIABILITY PARTNERSHIP), 1205, 2ND FLOOR, HI-LITE BUSINESS PARK, THONDAYAD BYPASS ROAD, KOZHIKODE-673 014, REPRESENTED BY ITS PARTNER SHIHAB SHAH @ MUHAMMED SHIIHAB E.S.24 PROPRIETOR, KENZA HOLDINGS, ROOM NO.59, 2ND FLOOR, CITY CENTRE, THRISSUR-680 501.25 SHIHAB SHAH @ MUHAMMED SHIHAB E.S., S/O. SHAHUL HAMEED, EARACHAMVEETTIL HOUSE, VENGITTANG POST, KUNNAMKULANGARA VILLAGE, THRISSUR-680 510.BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R1 - SRI.JAGADEESH LAKSHMAN,CGC
R2 TO 4-SRI.V.TEKCHAND,SENIOR GOVERNMENT PLEADER
SRI.KRISHNAPRASAD S., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.18503 of 2021-S
4
JUDGMENT
Dated this the 4th day of October, 2021
S.Manikumar, C.J.
When the writ petition came up for admission hearing on 09.09.2021, we passed the following order:
“Going through the materials on record and after hearing the writ petitioners, prima facie we are of the view that writ petitioners have not made out any case with the supporting documents. For the reliefs sought for.
Today, Mr.K.C.Santhosh Kumar, learned counsel for the petitioners seeks permission to withdraw the writ petition, with liberty to file a fresh writ petition, with all supporting documents.
Placing on record the above, instant writ petition is dismissed as withdrawn. Liberty, as prayed for, is granted.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
//TRUE COPY//
P.A. TO JUDGE
Western Ghats Protection Council
Union of India
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
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