Petitioners sought a writ directing the State and Centre to consult stakeholders before declaring Eco-Sensitive Zones in Kanyakumari. The petitioners withdrew the writ and undertook to pursue the matter administratively.
The writ petition was dismissed as it was withdrawn by the petitioner upon undertaking to follow the matter administratively.
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 JUDICATURE AT MADRAS
DATED: 25..06..2015
CORAM
THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM
W.P. No.18238 of 2015
Kanyakumari District Rubber Farmers Association represented by its President, Advocate S.Nelson No.102, C.B.Towers, Convent Junction Kulasekaram, Kanyakumari District Versus 1.Union of India represented by its Secretary to Government, Ministry of Environment and Forest,New Delhi 110003
..Petitioner
2.Government of Tamil Nadu represented by its Chief Secretary, Fort St.George, Chennai 600 009.
3.Government of Tamilnadu represented by its Secretary to Government, Environment and Forerst Dept, Fort St.George, Chennai 600 009.
4.The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai 600015. ..Respondents
Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus,directing the respondents, especially the 2nd and 3rd respondents to constitute an 'Expert Committee' to study the impact of HLWG (High Level Working Group) Recommendations so as to assess the ground level information besides setting up of Panchayat Level Committees in the Villages falling within the ESA (ECO sensitive areas) as identified by HLWG for undertaking on-the-spot field verification and also to interact with the stakeholders and thereafter to make a physical verification after public hearing, besides adhering all pre-declaration requirements and arrive at a conclusion with regard to the claim for exemption/exclusion of the Agricultural Patta Lands, Rubber Plantations and Human Settlements in the 4 Taluks of
Agastheeswaram, Thovalai, Kalkulam and Vilavancode and more particularly the area covered in the Panchayats, Kadayalumoodu, Thirparappu, Kulasekaram, Ponmanai, Azhagiapandipuram, Aralvoimozhi, Boothapandi of Kanyakumari District as per recommendations of 'Expert committee' as has been done in the State of Kerala exempting 123 Revenue Villages from the purview of the proposed declaration of Eco-Sensitive Zones by duly considering the petitioner's representation dated 25.05.2015 received and acknowledged by the 2 & 3 rd respondents on 30.5.2015.
For Petitioner :: Mr.A.Amal Raj
For Respondent :: Mr.Su.Srinivasan
Assistant Solicitor General
for R.1
Mr.M.K.Subramanian
Special Government Pleader
for R.2 to R.4
O R D E R
(Judgment of Court was made by The Honourable Chief Justice)
After some arguments, learned counsel for the petitioner seeks
to withdraw the writ petition stating that he will follow the matter
administratively alone with the State Government.
2. The writ petition stands dismissed as withdrawn in the
aforesaid terms. Consequently, connected miscellaneous petition is
closed.
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
To
1.The Secretary, Union of India,
Ministry of Environment and Forest, New Delhi 110003
2. Chief Secretary to Government,
Fort St.George, Chennai.
3. Secretary to Government,
Government of Tamilnadu,
Environment and Forerst Dept,
Fort St.George, Chennai 600 009.
4.The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai 600015.
Mg(co) krd 2/7
W.P. Nos.18238 of 2015
Kanyakumari District Rubber Farmers Association
Union of India
Government of Tamil Nadu
Principal Chief Conservator of Forests
Sanjayan Kaul
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
