Petitioner sought directions to stop illegal quarrying near national parks and follow EIA guidelines for Eco-Sensitive Zones. Court dismissed the petition on the day of hearing as the prayers had become infructuous due to submitted facts.
Prayers in the writ petition dismissed as infructuous.
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 MURALI PURUSHOTHAMAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 14637 OF 2020
PETITIONER:
JACOB PADINJAKKARA
AGED 57 YEARS,S/O.LONAPPAN,
PADINJAKKARA HOUSE, KUTTICAD P.O.,
KUTTICHIRA VILLAGE, CHALAKKUDY TALUK,
THRISSUR DISTRICT, PIN-680 724.
BY ADVS.
V.SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
JESLIN DOLLY MATHEWS
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.2 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.3 PRINCIPAL SECRETARY TO FOREST AND WILDLIFE DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.4 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY, PALLIMUKKU, PETTAH P.O., THIRUVANANTHAPURAM, PIN-695 024.W.P(C).14637/2020
2
5 STATE POLICE CHIEF (LAW AND ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001.6 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT OF MINING AND GEOLOGY, PATTOM P.O., THIRUVANANTHAPURAM-695 004.7 THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, GOVERNMENT OF INDIA, INDIRA PARYAVARAN BHAVAN, JORAG ROAD, NEW DELHI-110 003.8 THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF MINES AND GEOLOGY, GOVERNMENT OF INDIA, NEW DELHI-110 003.9 DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION P.M.G CENTRE, THIRUVANANTHAPURAM-695 001.BY ADV
SHRI.M.P.SREEKRISHNAN, SC, SEIAA AND SEIAA
OTHER PRESENT:
BY ADV.
SRI. OBEID FOR PETITIONER;
SRI. NAGARAJ NARAYANAN SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).14637/2020
3
J U D G M E N T
Dated this the 23rd day of March, 2023
S. Manikumar, CJ.
Petitioner has sought for the following reliefs:
“i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to stop the illegal quarrying within the 10 kms of National Parks and sanctuaries in Kerala;
ii)To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to follow Exhibit P9 guidelines issued by Ministry of Environment and Forest (Wildlife Division) dated 9.2.2001 in F.No.19/2007WL-I(pt) for declaration of Eco-Sensitive Zones within 10 kms of National Parks and Sanctuaries afresh.”
Placing on record the above submission, writ petition is dismissed as infructuous
Sd/S. Manikumar, Chief Justice
Sd/Murali Purushothaman, Judge
sou.
1 provisions across 1 enactments
Jacob Padinjakkara
State of Kerala
Secretariat
Principal Secretary to Forest and Wildlife Department
State Environment Impact Assessment Authority
S. Manikumar
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court