IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 788 of 2010(S) ------------------------ PETITIONER: --------------- ONE EARTH ONE LIFE (REG.NO.S.246/1988) THRISSUR REPRESENTED BY MR.TONY THOMAS, AGED 50 YEARS, S/O.THOMAS, KIZHAKKEKARA HOUSE, IRUMBAKACHOLA, KANJIRAPUZHA P.O., PALAKKAD DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. THE DIRECTOR, DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR (ECO TOURISM), DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM. 5. MINISTRY OF ENVIRONMENT AND FORESTS REPRESENTED BY THE SECRETARY TO GOVERNMENT, PARAYAVARAN BHAVAN, LODI ESTATE, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R5 SR. G.P. SRI.M.R.SABU, FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.788 of 2010 .................................................................... Dated this the 3rd day of March, 2010. JUDGMENT Raman, Ag. C.J. A voluntary organisation registered under the Travancore-Cochin Scientific, Literary and Charitable Societies Act, filed this Writ Petition as public interest litigation. The prayer in the W.P.(C) is to issue a writ of mandamus to respondents 1 to 4 not to carry out any construction or non-forest operation in the Wild Life sanctuaries, National Parks and Reserve Forests in the State as part of the implementation of eco- tourism projects, without obtaining the prior approval as per Section 2 of the Forest Conservation Act. The second respondent has filed a statement pointing out that the activities which are now carried on are not in violation of any of the provisions of the Act. According to them, eco-tourism is a thrust area of tourism activities in the State and for the development of basic facilities for implementing eco-tourism in wildlife sanctuaries, national parks and reserved forest, funds are made available to Forest Department through FDA by Tourism Department W.P.(C) 788/2010 2 and for this purpose guidelines have also been framed. Annexure R2 (c) Government Order is produced. Eco-tourism guidelines issued by Forest Department also form part of this Government Order. In paragraph 13 of the statement, the forest activities carried out in connection with eco-tourism are made mention of and contended that these facilities are generally developed by renovating already existing facilities of the department and constructions for housing the visitors are not taken up in fores areas. Further, Exts.P1 to P37 are stated to be in consonance with the eco-tourism policy guidelines of the Forest Department. According to them, Ext.P38 letter was issued by the Government of India when it noticed that there was unauthorised construction in the name of tourism. But in the State of Kerala, there has been no such instance and all what activities in the forest are being conducted strictly in accordance with the provision of the Forest Conservation Act. 2. After arguing for some time learned counsel appearing for the petitioner submitted that there are construction activities going on. But nothing is produced to support the said contention, especially in the W.P.(C) 788/2010 3 wake of the statement now filed by the State. However, the petitioner has made a representation before the 5th respondent, Ministry of Environment and Forests, Government of India, who issued Ext.P38. If so, let the 5th respondent consider the representation after conducting an inspection with notice to the parties and dispose of the representation in accordance with law as expeditiously as possible. A copy of this order along with a copy of the representation already filed and produced along with I.A. No.3049/2010 may be served by the petitioner on the 5th respondent for compliance. W.P.(C) is disposed of as above. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms