This single judge bench in Kerala recently dismissed the present writ petition which had been voluntarily withdrawn by the petitioner, Karshakarakshavedi, who had sought to challenge the inclusion of Pudupariyaram-I Village in the list of Ecologically Sensitive Areas.
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
MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945
WP(C) NO. 39432 OF 2016
PETITIONER/S:
KARSHAKARAKSHAVEDI
PUDUPARIYARAM DHONI, REGISTRATION NO.C.A/479/14
REPRESENTD BY ITS SECRETARY A.K.CHAKKO,AGED 70 YEARS,S
S/O. KURIVILLA, ATTACHERIL HOUSE,
DHONI P.O., PALAKAD - 678 009.
BY ADVS.
SRI.VINAY RAMDAS
SMT.K.B.ANAMIKA
SRI.VISHNUPRASAD NAIR
RESPONDENTS:
1UNION OF INDIA
REPRESENTED BY SECRETARY TO THE GOVERNMENT
MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAVAN, NEW DELHI - 110 003.
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNEMNT DEPARTMENT OF ENVIRONMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.3 SECRETARY PUDUPARIYARAM GRAMAPANCHAYATH,PUTHUPARIYARAM, PALAKKAD - 678 733.4 PRESIDENT PUDUPARIYARAM GRAMAPANCHAYATH, PUTHUPARIYARAM, PALAKKAD - 678 733.5 VILLAGE OFFICER PUDUPARIYARAM I VILLAGE, MUTTIKULANGARA,PALAKKAD - 678 594.6 FOREST RANGE OFFICER OLAVAKODE FOREST RANGE, KALLEKULANGARA, PALAKKAD - 678 009.7 AGRICULTURAL OFFICER KRISHIBHAVAN, PUDUPARIYARAM, PUDUPARIYARAM, PALAKKAD - 678 733.BY ADV SRI.S.BIJU, CGC
WP(C) NO. 39432 OF 2016 ..2..
BY SRI.NAGARAJ NARAYANAN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 39432 OF 2016 ..3..
JUDGMENT
S.MANIKUMAR,CJ.
Instant writ petition is filed for the following reliefs:
“(I) To issue a writ of certiorari or other appropriate writ, direction or order quashing Exhibit P2, P7 and P11 to the extent that it includes Pudupariyaram I Village in the list of villages included as E.S.A. (II) To issue a writ, direction or order declaring that the Pudupariyaram I Village does not belong to E.S.A as per the conditions laid down by the HLWG constituted under Exhibit P1;
(III) To issue a writ direction and order directing the Respondents to conduct actual physical verification of Pudupariyaram I Village by calling for objections of the citizens by public notice giving sufficient and reasonable time and opportunity of personal hearing before including the village in the list of village to be declared as E.S.A.;
(IV) To issue a writ of mandamus or other appropriate writ direction or order directing the 5th respondent to collect land tax and possession certificate from the residents of Pudupariyaram I Village notwithstanding P2, P6 and P10 or any proposal to that effect;
(V) To issue a writ of mandamus or other appropriate writ direction or order directing the Respondents to consider Exhibit P14 and P15 representation after affording an opportunity of personal hearing to the petitioner or his representative.
(VI) To issue a writ of mandamus or other
WP(C) NO. 39432 OF 2016 ..4..
appropriate writ direction or order directing Respondents.”
Karshakarakshavedi, a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The Society principally
works for the betterment and welfare of farmers. Pudupariyaram–I Village has been included into the list of Ecologically Sensitive Villages by High Level Working Group (HLWG) on Western Ghats also known as Kasthurirangan Committee. HLWG was appointed to examine the report already made by Western Ghats Ecology Expert Panel report also known as Gadgil Report, on the basis of the comments received from the concerned State Governments/Central Ministers and stake holders and has filed Ext.P11 report in this regard. According to
WP(C) NO. 39432 OF 2016 ..5..
the petitioner, Pudupariyaram-I Village is not fit into the definition of Western Ghats and E.S.A, as per the criteria laid down by the HLWG. Ext.P11 report is made against the mandate of Ext.P10 Government Order. The grievance of the petitioner is for a direction to respondent No.5 to collect land tax and possession certificate from the residents of Pudupariyaram-I Village, notwithstanding Exts.P2, P6 and P10 or any proposal to that effect.
WP(C) NO. 39432 OF 2016 ..6..
notifications of the Central Government are only in the draft stage.
the petitioner may be given permission to withdraw the writ petition with liberty to make a representation/ objection before the concerned authority/committee, as regards the exclusion of Pudupariyaram-I Village from the list of Ecologically Sensitive Village by High Level Working Group. Submission is recorded.
Writ petition is dismissed as withdrawn, with liberty as prayed for.
MURALI PURUSHOTHAMAN JUDGE
SB
Karshakarakshavedi
Union of India
State of Kerala
Secretary Pudupariyaram Gramapanchayath
President Pudupariyaram Gramapanchayath
Village Officer Pudupariyaram
S. Manikumar
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court