IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36734 of 2009(J) -------------------------- PETITIONER(S): --------------- PARASURAMAN, AGED 39, S/O.PARUMAL, THANIKKAL HOUSE, ATTATHUCODE, THRIVENI, PAMBA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVT., FOREST DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, PEERUMEDU, IDUKKI DISTRICT. 3. THE RANGE OFFICER, EZHUKUMANNU, KOTTAYAM DISTRICT. BY SPL.GP SRI.P.M.PAULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ------------------- W.P.(C).36734/2009 -------------------- Dated this the 22nd day of December, 2009 JUDGMENT 1. The learned Special Government Pleader for Forest Department takes notice on behalf of the respondents. 2. The petitioner is a member of the Scheduled Tribe. Admittedly he is included as a member of an “Eco Development Committee” which is among such Committees permitted to run service centres for Sabarimala pilgrims from Erumeli to Pamba through forest track. There can be no activity in the forest limits except in accordance with the specific guidelines and permissions issued by the Forest Department. Different environmental and ecological matters have to be regulated by the Forest Department. This includes the requirement to exclude plastic and other substances which are not permitted in the forest and also to provide commercial activity only to the extent permitted. This shall be only through the members of the Eco Development Committees and that can be manned only by persons who are members of such Committees and persons belonging to W.P.(C).36734/09 2 Scheduled Tribes for whose benefit such programme is envisaged. While the petitioner states that he is conducting the service centre and tender coconut stall No.18, the learned Special Government Pleader submits on instructions that the petitioner is a member of Committee No.2 and only 17 stalls were allowed and the remaining committees were not allowed tender coconut vending stall and the petitioner is not entitled to conduct stall No.18. In fact, there is no such stall for conducting sale of tender coconuts. The learned Special Government Pleader also submitted that seven EDCs were additionally permitted and they are allowed to have service centres however without vending of tender coconuts. This submission is recorded. 3. It is specifically submitted on behalf of the respondents that the petitioner has to confine to the activity of the EDC to which he belongs and cannot go beyond that. These submissions are recorded and it is hereby ordered that the respondents will not in any manner interfere with the petitioner's activity as member of the EDC to which he W.P.(C).36734/09 3 belongs and get involved in the activities of that Committee further that no person other than members of the EDCs and persons belonging to Scheduled Tribes from the area and under their control would not be permitted to be involved in any of the activities in connection with the EDCs including service centres. Writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, Judge mrcs