IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 RP.No. 879 of 2009(S) --------------------- AGAINST THE JUDGEMENT IN WPC.30521/2008 Dated 12/06/2009 .................... REVIEW PETITIONER/RESPONDENT NO.2 IN WPC: ------------------------------------------------------- KOLLAM MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS/PETITIONERS 1 TO 2 AND R1, R3 TO R5 IN WPC: ------------------------------------------------------------------------ 1. K.RAJENDRAN, PULIAKKOVILAM, ADVOCATE, JANANI NAGAR, 79A, KADAPPAKADA P.O., KOLLAM. 2. ODNAVATTAM VIJAYAPRAKASH, SHANTHA VILASAM, ODANAVATTAM P.O., KOLLAM. 3. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR, CIVIL STATION, KOLLAM. 5. THE CONSERVATOR OF FOREST (SOCIAL FORESTRY), VANASREE COMPLEX, KOLLAM. 6. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), BEACH ROAD, KOLLAM. R1 & R2 BY ADV. SRI.P. CHANDRASEKHAR R3 TO R6 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30/09/2009, ALONG WITH RP NO. 880 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P.Nos. 879 and 880 OF 2009 IN W.P.(C) Nos.30521 and 32213 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2009 O R D E R Kurian Joseph, J. These Review Petitions are filed by the respondent, Kollam Municipal Corporation. 2. The Writ Petitions were disposed of directing the Corporation to take steps in a time bound manner to plant minimum of 256 shady and flowering trees within three months. There was also a direction to file an affidavit on the steps taken to protect the trees which have been planted as per the above direction. It is submitted by the review petitioners that unless construction of road is completed, the trees cannot be planted and if planted earlier, it might be difficult to protect them. 3. Having heard the learned counsel on both sides, we find that there is nothing to be reviewed in the judgment, what the review petitioners seek is only a clarification. On an overall assessment of the situation we feel it appropriate to make it clear that the planting of the trees as per the judgment need R.P. Nos.879 & 880 of 2009 -:2:- only be undertaken by the Corporation immediately after completion of construction of the road. The construction shall be completed within a period of four months from today. Within three months thereafter a report shall be filed by the Secretary of the Municipal Corporation as to the number of trees planted, types of trees planted and steps taken for protecting them. Within another three months thereafter Secretary will file another report regarding the growth of the trees and after six months thereafter a third report will be filed regarding the stage of growth of the trees planted after the above direction. We also make it clear that in case there is any lapse in planting, growing and protecting trees as above, the Secretary of the Kollam Municipal Corporation will also be personally liable. The Review Petitions are disposed of as above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb R.P. Nos.879 & 880 of 2009 -:3:-