IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 OP.No. 7342 of 1992 ---------------------------- PETITIONER: ------------------- ENVIRONMENTAL PROTECTION COUNCIL, REPRESENTED BY ITS SECRETARY, ADVOCATE NANDINI K., `NIYAMAVEDI', 11/63, CLAVATHY, COCHIN-1. BY ADV. SRI.A.X.VARGHESE. RESPONDENTS: ------------------------ 1. THE GOVT. OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT AND FORESTS, NEW DELHI. 2. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FORESTS AND WILD LIFE, TRIVANDRUM. 3. THE CHIEF FOREST CONSERVATOR, TRIVANDRUM. *ADDL. RESPONDENTS 4 & 5 IMPLEADED: 4. PRINCIPAL CHIEF FOREST CONSERVATOR, FOREST COMPLEX, TRIVANDRUM. 5. CHIEF FOREST CONSERVATOR, SOCIAL FORESTRY WING, PTP NAGAR, TRIVANDRUM. *ARE IMPLEADED AS PER ORDER DTD. 22/06/92 ON C.M.P.13382/1992. O.P. NO. 7342/1992: **ADDL.R6 IMPLEADED: 6. HINDUSTAN NEWSPRINT LTD., NEWSPRINT NAGAR.P.O., KOTTAYAM, REPRESENTED BY ITS COMPANY SECRETARY. **IS IMPLEADED AS ADDL. 6TH RESPONDENT AS PER ORDER DTD. 28/09/07 IN C.M.P. NO. 28906/96. R2 TO R5 BY SR. GOVT. PLEADER (FORESTS) SRI. M.P. PRAKASH, R1 BY SRI. P. PARAMESWARAN NAIR, ASST.S.G, R6 BY ADVS. SRI.U.K.RAMAKRISHNAN (SR.), SRI.THOMAS ANTONY FOR SMT.CHINCY GOPAKUMAR FOR SRI.P.V.LOHITHAKSHAN ADVS. SRI.P.P.JNANASEKHARAN, ADV.COMMSR., SRI.A.K.SYED MUHAMMED, ADV.COMMSR., SRI.R.VINOD, ADV.COMMSR., THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 7342/1992: ORDER ON C.M.P. NOS. 12320/1992, 13383/1992, 13384/1992, 26663/1992, 20088/1996 AND 20127/1996. DISMISSED SD/- J.B.KOSHY, ACTING CHIEF JUSTICE, 09/01/2009. SD/- P.R.RAMACHANDRA MENON, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NEWS ITEM APPEARED IN THE INDIAN EXPRESS DAILY DTD. MAY 16, 1992. EXT.P.2: COPY OF THE NEWS ITEM APPEARED IN THE KERALA KAUMUDI DTD. MAY 18, 1992. EXT.P.3: COPY OF THE APPEAL SUBMITTED BY PRAKARTI SAMRAKSHNA SAMITI TO SRI. RAJIV GANDHI, PRIME MINISTER OF INDIA DTD. NIL. EXT.P.4: COPY OF THE LETTER NO. P1-30801/88 DTD. 27/09/88 FROM THE OFFICE OF THE PRINCIPAL, CHIEF FOREST CONSERVATOR, TRIVANDRM TO THE PRAKARTI SAMRAKSANA SAMITI IN REPLY TO ADDL. EXT.P.3. EXT.P.5: COPY OF THE LR. NO. P1-65966/89 FROM THE CCF (D), TRIVANDRUM TO THE CCF (PROTECTION/ WILDLIFE/VIG) ETC. DTD. 07/03/90. EXT.P.6: COPY OF THE RELEVANT PORTION PACKAGE OF FORESTRY PRACTICES, KERALA FOREST DEPARTMENT, SPECIAL FORESTRY WING - 1989. EXT.P.7: COPY OF THE RESEARCH PAPER SUBMITTED BY SHRI.P.V. KARUNAKARAN, IN THE YEAR 1994 AT THE NATIONAL WORKSHOP ON GRASSLAND MANAGEMENT AT INDIAN INSTITUTE OF FOREST MANAGEMENT. EXT.P.8: COPY OF THE RELEVANT EXTRACTS ON ERAVIKULAM NATIONAL PARK AND SHOLAS AND GRASSLANDS. EXT.P.9: COPY OF THE STUDY REPORTS NAMELY HIMALAYAN PLANTS ON SOUTH INDIAN HILLS, ROLE OF PLEESTOCENE GLACIATION VS. LONG DISTANCE DISPERAL BY SHRI. V.M. MEHER-HOMJI. O.P. NO. 7342/1992: EXT.P.10: COPY OF THE RELEVANT EXTRACTS OF THE BOOK IN WHICH THE SAID PAPER IS PUBLISHED. EXT.P.11: COPY OF THE NEWS ITEM PUBLISHED IN THE INDIAN EXPRESS DAILY DTD. 07/10/1998. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE INSPECTION REPORT OF THE COMMITTEE OF FAILED PLANTATIONS IN MUNNAR DIVISION DTD. 14/02/1996. EXT.R2.B: COPY OF THE ORDER NO. P2-12884/96 DTD. 16/05/1996, THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (GENERAL), TRIVANDRUM. EXT.R3.A: COPY OF THE SKETCH SHOWING THE PETTIMUDI AND OOSIMALA AREAS, THE ERAVIKULAM NATIONAL PARK AND THE HUT, THE KUMARIKAL MALA AND THE TRECK PATH OF THE ADVOCATE COMMISSIONERS. EXT.R3.B: COPY OF THE LETTER DTD. 19/09/2007. EXT.R3.C: COPY OF THE REPLY DTD. 24/09/2007. EXT.R3.D: COPY OF THE DETAILS OF RESEARCH PROGRAMMES FOR THE LAST 3 YEARS RELATING TO THE ERAVIKULAM NATIONAL PARK. EXT.R3.E: COPY OF THE PROCEEDINGS NO. WL12-6107/06 DTD. 13/12/2006. ADVOCATE COMMISSIONERS' ANNEXURES: ANNEXURE C-1: NOTICE DTD. 14/09/2007. ANNEXURE C-2: LETTER DTD. 18/09/2007. ANNEXURE C-3: WORK MEMO FILED BEFORE THE COMMISSION BY THE PETITIONER DT. 27/09/07. ANNEXURE C-4: NOTICE DT. 11/10/2007. ANNEXURE C-5: COPY OF THE LOCATION MAP MADE AVAILABLE TO THE COMMISSION BY THE RANGE OFFICER, MUNNAR. ANNEXURE C-6: ORIGINAL OF NOTICE DTD. 18/12/07. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- O.P. No. 7342 of 1992 --------------------------------------- Dated this the 9th day of January, 2009 Judgment Koshy,Ag.C.J. This original petition is filed in 1992 for issuance of a writ of prohibition directing the respondents to forbear from interfering with the grasslands and shola vegetations on the periphery of the boundaries of Eravikulam National Park which is the exclusive habitat of the Nilgiri Tahr. Commissioner reports were filed. Objections were also filed. Several changes have taken place after filing the writ petition. In the circumstances, Government shall take a decision and pass fresh orders after considering the commission reports and objections and aggrieved parties considering the importance of Eravikulam National Park and Nilgiri Tahr. The original petition is disposed of. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa W.P.(C) No./2009 2 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- O.P.No. 7342/1992 ------------------------------------- Judgment Date:9th January, 2009