IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 6448 of 2009(S) ------------------------------- PETITIONER: -------------- KERALA SASTHRA SAHITHYA PARISHATH (REG.No.S-27/67), VALLIKKUNNU UNIT, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY AJITH KUMAR. BY MS.DAISY A.PHILIPOSE, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MINOR IRRIGATION, THIRUVANANTHAPURAM. 2. THE CHIEF WILD LIFE WARDEN, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, KOZHIKODE. 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, PARAPPANANGADI. ADDL R6. VALLIKKUNNU GRAMA PANCHAYATH, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY IS IMPLEADED AS ADDITIONAL R6 AS PER ORDER DT. 12.3.09 IN W.P.C. 6448/09. BY MR.BENJAMIN PAUL, GOVERNMENT PLEADER. MR.BABU CHERUKARA, ADVOCATE, FOR ADDL. R6. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, Ag. CJ & S.S.SATHEESACHANDRAN, J. ------------------------------------------- Writ Petition (C) No.6448 OF 2009 ------------------------------------------- Dated this the 17th day of March, 2009. J U D G M E N T Kurian Joseph, Ag.CJ. The Divisional Forest Officer and Assistant Executive Engineer are present. The panchayath has filed a statement. Learned Government Pleader submits that the matter has to be considered by the High Level Committee constituted under the chairmanship of the Chief Secretary. 2. The Assistant Executive Engineer submits that no construction activity has been undertaken for a length of 217 metres though there is a proposal for construction of wall for another 85 metres. Since various issues are to be considered in the matter, we direct the Water Resources Department and the 5th respondent not to undertake any construction activity in the 217 metres referred to above until further orders. 3. Learned counsel appearing for the panchayth submits that the panchayath had taken a resolution to the effect that W.P.(C) No.6448/2009 2 construction of sea wall as proposed by the Water Resources Department will be detrimental to the interests of the ecology particularly the turtle habitat. We direct the Chief Secretary to convene a conference of all the parties including the petitioner, panchayath, departments and the contractors and take a decision in the matter, expeditiously. We make it clear that any further construction in the distance referred to above shall be undertaken only after a decision is taken by the Committee as above. This writ petition is disposed of as above. KURIAN JOSEPH ACTING CHIEF JUSTICE S.S.SATHEESACHANDRAN JUDGE smp W.P.(C) No.6448/2009 3 KURIAN JOSEPH, Ag.CJ & S.S.SATHEESACHANDRAN,J. W.P.(C)No.6448 OF 2009 J U D G M E N T 17.03.2009