IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 34551 of 2010(S) -------------------------- PETITIONERS: --------------- 1. C.G.THAMPI, S/O. C. GOPALAN, CHELLAKKAT, U.C. COLLEGE.P.O., ALUVA-683102, ERNAKULAM DIST. 2. M.N.PRABHAKARAN NAIR, S/O. NARAYANAN NAIR, MECHERY HOUSE, KARUNALLOR.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF MINISTRY OF ENVIRONMENTAL FOREST, NEW DELHI-110003. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. KERALA STATE BIO-DIVERSITY BOARD, REPRESENTED BY CHAIRMAN, KERALA STAE BIO-DIVERSITY BOARD, THIRUVANANTHAPURAM-695001. 4. KERALA STATE COASTAL ZONE (REGULATION)* AUTHORITY REPRESENTED BY THE CHAIRMAN KERALA STATE COASTAL ZONE (REGULATION)* AUTHORITY, PATTOM, THIRUVANANTHAPURAM-695004. (* THE WORD REGULATION IS DELETED AND SUBSTITUTED BY THE WORD 'MANAGEMENT AS PER ORDER DATED 26.11.2010 IN I.A.NO. 16290 OF 2010) 5. THE DISTRICT COLLECTOR, ERNAKULAM PIN-682030. WP(C).No. 34551 of 2010(S) 6. THE REVENUE DIVISIONAL OFFICER, ERNAKULAM-682030. 7. THE CORPORATION OF COCHIN, REPRESENTED BY SECRETARY, COPORATION OF COCHIN, ERNAKULAM-682011. 8. KERALA CRICKET ASSOCIATION, REPRESENTED BY THE SECRETARY KERALA CRICKET ASSOCIATION, THYCAUD, THIRUVANANTHAPURAM-695014. 9. T.C.MATHEW, SECRETARY, KERALA CRICKET ASSOCIATION, THYCAUD, THIRUVANANTHAPURAM-695014. 10. T.R.BALAKRISNAN, PRESIDENT, KERALA CRICKET ASSOCIATION, THYCAUD, THIRUVANANTHAPURAM-695014. *ADDL. R11.GEORGE K.A. AGED 62 YEARS , S/O. ABRAHAM, RESIDING AT KATTUNILATTU HOUSE, PROVIDENCE ROAD, ERNAKULAM, 682 018. (*ADDL. R11 IS IMPLEADED AS PER ORDER DATED 24.11.2010 IN I.A. NO. 16236 OF 2010 ) R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.SOLICITOR GENERAL OF INDIA R2, R3, R5 AND R6 BY GOVERNMENT PLEADER ADV. MR. BENNY GERVA SIS R4 BY SRI.S.RAMESH FOR R4 R8, R9 AND R10 BY SRI.A.V.THOMAS FOR R8,9,10 ADDL.R11 BY SRI.A.G.BASIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34551 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REPLY DATED 01.10.2010 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P2 : TRUE COPIES OF SERIES OF PHOTOS SHOWING THE NATURE OF THE LAND IN QUESTION. EXT.P3 : TRUE COPY OF G.O.(P)No. 235/2009 dated 22.12.2009 EXT.P4 : TRUE COPY OF THE REPRESENTATION DATED 17.09.2010 EXT.P5 : TRUE COPY OF THE QUESTIONNAIRE SUBMITTED BY SHRI T.R. RAJENDRAN. EXT.P6 : TRUE COPY OF REPLY DATED 16.04.2010 EXT.P7 : TRUE COPY OF THE NEWS REPORT THAT APPEARED IN THE HINDU DATED 03.10.2010. EXT.P8 : TRUE COPY OF THE NOTIFICATION NO. SO. 114(E) DATED 19.02.1991 TOGETHER WITH RELEVANT ANNEXURE. EXT.P9 : TRUE COPY OF THE LIST OF RAMSAR SITES IN INDIA. EXT.P10 : TRUE COPY OF THE LETTER DATED 21.12.2010 RESPONDENTS' EXHIBITS: EXT.R4(a) : TRUE COPY OF THE NOTICE DATED 28.09.2010 ISSUED BY THE AUTHORITY. EXT.R4(b) : TRUE COPY OF THE RULES PUBLISHED BY THE MINISTRY OF ENVIRONMENT AND FORESTS. EXT.R4(c) : TRUE COPY OF THE SHOW CAUSE NOTICE DATED 10.11.2010 ISSUED BY THE AUTHORITY. /T RUE COPY/ P.S. TO JUDGE. J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 34551 OF 2010 & I.A.No. 16662 OF 2010 ......................................................................... Dated this the 7th February, 2011 J U D G M E N T P.R. Ramachandra Menon, J. The petitioners are before this Court seeking for the following prayers: “ i) to issue a writ of mandamus directing the respondents 1 to 7 to ensure that the land having an extent of 23.95 acres in R.S.No. 27/1, 28/1, 29/2, 29/4, 29/5, 29/6, 29/7, 29/8, 30/1, 30/2, 32/1, 32/6, 32/7, 32/9, 33/6, 33/10 and 74/1 in Edakochy in Ernakulam district is not converted into a Cricket Stadium and not reclaimed in any manner and that the said land is conserved as a paddy lands and wetlands; ii) to declare that the land in R.S. No.27/1, 28/1, 29/2, 29/4, 29/5, 29/6, 29/7, 29/8, 30/1, 30/2, 32/1, 32/6, 32/7, 32/9, 33/6, 33/10 and 74/1 in Edakochy in Ernakulam district is not liable to be converted into a Cricket Stadium and is to be W.P.(C) No. 34551 OF 2010 2 preserved, without being reclaimed. iii) to issue a writ of mandamus directing the respondents 1 to 7 to ensure preservation of the above land with all the characteristics thereof and without in any way converting the wet land and paddy lands in the said area; iv) to issue a writ of mandamus directing Respondents 1 to 7 to take appropriate actions against respondent No.8 and the persons in charge of respondent No.8 society including Respondents 9 and 10 for attempting to convert the paddy land and referred in Ext.P3 wetlands into a Cricket Stadium by violating the law; v) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.” 2. Going by the materials on record, the prayer essentially is that the property concerned is not liable to be converted into a Cricket Stadium and is not liable to be reclaimed in any manner, it being a wet land by virtue of the relevant provisions of law (the Kerala Conservation of Paddy Land and Wet Land Act, 2008). There is also a case for the petitioners that it comes W.P.(C) No. 34551 OF 2010 3 under the prohibited zone, by virtue of the parameters prescribed by the Coastal Zone Management Authority. 3. Mr. Kaleeswaram Raj, the learned Counsel for the petitioners submits that the 4th respondent has already filed a counter affidavit along with the relevant records, pointing out that the property comes under the CRZ-1 zone and as such, no construction activity is permissible under any circumstances. 4. Mr. G. Sreekumar, the learned Counsel appearing for the respondents 8, 9 and 10 reiterated the submission already made before this Court that the said respondents do not intend to effect any construction at all, contrary to the relevant provisions of law, unless and until statutory clearance is obtained. The learned Counsel further submits that the 4th respondent has already issued a notice to the said respondents with regard to the the proposal to construct Cricket Stadium and that the above respondents are pursuing further steps by giving reply. 5. In the above circumstances, this Court does not find it necessary to go into the merits of the case. The Writ Petition is disposed of, permitting the respondents 8, 9 and 10 to pursue W.P.(C) No. 34551 OF 2010 4 the matter by filing appropriate reply before the 4th respondent, however, making it clear that further steps with regard to construction of stadium shall be pursued only subject to the statutory clearance, to be given by the 4th respondent/competent authority. I.A. No.16662 OF 2010: In view of disposal of the Writ Petition as above, this impleading petition is dismissed. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk