IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 31303 of 2008(S) -------------------------- PETITIONERS: -------------------- 1. SHYAMALA, W/O. AMBUJAKSHAN, VANAJA VILASAM, KURUVIKKANAM KARA, KARUNAPURAM VILLAGE, UDUMPANCHOLA TALUK. 2. N.K. DAMODARAN, S/O. KESAVAN, NEDUMBALLIL, KARUIKKANAM KARA, KARUNAPURAM. 3. KRISHNAPILLAI, S/O.DIVAKARAMPILLAI, KRISHNAN VILASAM, KURUVIKKANAM, RAMAKKAHUEDU P.O. 4. O.BHARGAVAN, S/O. UMMINI, THOTTAYITHARAYIL, KURUVIKKANAM, 5. P.V.BHASKARAN, S/O. VELAYUDHAN, PARAPPURATHU PARMBIL, KURUVIKKANAM KARA, KURUNAPURAM VILLAGE. 6. P.K. VINOD, S/O. KUTTAPPAN, THADATHIL KURUVIKKANAM KARA, 7. VASUDEVAN, S/O. KESAVAN, NEDUMBILLI, KURUVIKKANAM KARA, KARUNAPURAM VILLAGE. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR WPC : 31303 OF 2008 RESPONDENTS: ---------------------- 1. KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS PRINCIPAL SCIENTIFIC OFFICER, SASTHARA BHAVAN, PATTOM P.O., THIRUVANANTAPURM 04. 2. VESTAS WIND TECHNOLOGY INDIA PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 298, RAJIV GANDHI SALAI, SHOLINGANALLUR, CHENAI 600 119. R1 BY SENIOR GOVERNMENT PLEADER, SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31303 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 JUDGMENT A.K.BASHEER, J. Petitioners, who are stated to be the residents of Ramakkalmedu Village in Udumbanchola Taluk of Idukki District, have filed this writ petition as a Public Interest Litigation with a primary prayer to issue a writ in the nature of mandamus to respondent No.1 directing him “to conduct an impact assessment with the help of experts over the establishment of wind power mills at Ramakkalmedu in Idukki District and its impact over the ecology on the neighbouring areas including the value of damages, if any, caused to the environment and the general public.” 2. We have carefully perused the averments in the writ petition and also the photographs produced along with the writ petition. 3. Having heard the learned counsel for the petitioners, we are not satisfied that this Writ Petition is to be entertained by under Article 226 of the Constitution of India at this stage. If the petitioners have any apprehension about the adverse ecological impact as indicated in the writ petition, necessarily they will have to approach respondent No.1 and seek WPC : 31303/2008 -:2:- appropriate remedial action. If such a representation is submitted, respondent No.1 shall consider the same and take appropriate measures, which are found necessary. Writ Petition is disposed of in the above terms. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb