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 FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 30521 of 2008(S) --------------------------------------- PETITIONERS: --------------------- 1. K. RAJENDRAN ULIYAKOVIL, ADVOCATE, JANANI NAGAR 79A, KADAPPAKKADA.P.O, KOLLAM. 2. ODANAVATTAM VIJAYAPRAKASH, SANTHIVILASAM, ODANAVATTOM.P.O, KOLLAM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY, KOLLAM.P.O, KOLLAM DISTRICT. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE CONSERVATOR OF FOREST, SOCIAL FORESTRY VANASREE COMPLEX, KOLLAM. 5. THE EXECUTIVE ENGINEER, P.W.D (ROADS), BEACH ROAD, KOLLAM. R1 & R3 TO R5 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R2 BY ADV. SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, ALONG WITH WPC NO. 32213 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30521 OF 2008-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ENVIRONMENTAL ASSESSMENT REPORT OF THE 1ST RESPONDENT EXT.P2 PHOTOGRAPHS OF THE AREA WHERE THE TREES SOUGHT TO BE CUT AND REMOVED EXT.P3 PHTOGRAPHS SHOWOING KAPPALANDIMUKKU-MUNEESWARAN KOVIL ROAD NEAR RAILWAY OVER BRIDGE EXT.P4 TRUE COPY OF THE ADB GUIDELINES IN RESPECT OF ENVIRONMENTAL ASSESSMENT AND REVIEW FOR PROJECT LOANS EXT.P5 TRUE COPY OF STATEMENT OF 2ND RESPONDENT BEFORE THE KERALA HUMAN RIGHTS COMMISSION EXT.P5(A) ENGLISH TRANSLATION OF EXHIBIT P5 EXT.P6 TRUE COPY OF THE LETTER DATED 10.10.2008 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER'S EXT.P6(A) ENGLISH TRANSLATION OF EXHIBIT P6 EXT.P7 TRUE COPY OF MINUTES OF THE CITY LEVEL STEERING COMMITTEE FOR KOLLAM CORPORATION HELD ON 15.11.2007 / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) Nos.30521 & 32213 of 2008 ------------------------------------------ Dated, this the 12th day of June, 2009 JUDGMENT Kurian Joseph, J. The issue raised in these writ petitions filed in public interest is essentially a matter of great concern to the people of Kollam town and for the nature lovers in general. For the purpose of widening of Kappalandimukku – Muneeswaran Kovil Road, Kollam, it is brought to the notice of this Court, that 128 old but beautiful trees were cut and removed. According to the learned Standing Counsel, without cutting and removing those trees widening of the road was not possible. However, it is undertaken before this Court that after construction of the road, new trees will be planted. From the records we find that in the place of 128 trees cut and removed, a minimum of 256 shady and flowering trees can be planted. Therefore, we dispose of these writ petitions directing the Secretary of Kollam Municipal Corporation to see that a minimum of W.P.(C) No.30521/2008, etc. - 2 - 256 trees which are shady and flowering are planted on either side of the road. A report to that effect will be filed before this Court after three months. Within another three months the Secretary will file another report stating the steps taken for protecting the trees that have been planted and six months thereafter the Secretary will file a third report showing the growth of the trees and its impact on the beautification of Kollam town. We make it clear that in case there is any lapse in planting, growing and protecting the trees as above, the Secretary of Kollam Municipal Corporation will also be personally liable. The Registry will communicate a copy of this judgment to the Secretary of the Kollam Municipal Corporation. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns