IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 WP(C).No. 33661 of 2003(G) ---------------------- PETITIONER : --------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. BY ADVS. SRI. U.K. RAMAKRISHNAN, SENIOR ADVOCATE SRI. P.V. LOHITHAKSHAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON SMT.UMA GOPINATH SMT.AMRITA JAYARAM SRI.V.V.NANDAGOPAL NAMBIAR, SC, TDB RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FOREST & ENVIORNMENT, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FOREST & WILD LIFE, THIRUVANANTHAPURAM. 3. THE DEPARTMENT OF FORESTS, STATE OF KERALA, REPRESENTED BY THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. R1 BY ADVS. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR, ASST. SOLICITOR R2 & R3 BY SPL. GOVERNMENT PLEADER SRI. P.M. PAULOSE SRI. M.P. PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 33661 of 2003(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF THE GOVERNMENT OF KERALA DATED 3.6.1960. EXT.P2 : COPY OF THE ORDER OF THE GOVERNMENT OF KERALA DATED 11.1.1965. EXT.P3 : COPY OF THE ORDER OF THE GOVERNMENT OF KERALA DATED 28.12.1970. EXT.P4 : COPY OF THE ORDER IN CMP NO. 7982/1992 IN O.P.NO. 3821/1990 DATED 21.7.1993. EXT.P5 : COPY OF THE REPORT OF THE SABARIMALA INSPECTION COMMITTEE. EXT.P6 : COPY OF THE MEMORANDA DATED 16.6.2001. EXT.P7 : COPY OF THE MEMORANDA DATED 17.3.2003. EXT.P8 : COPY OF THE COMMENTS SUBMITTED BY THE BOARD. EXT.P9 : COPY OF STATEMENT SHOWING THE EXTENT OF LAND IN THE POSSESSION OF THE BOARD. EXT.P10 : COPY OF THE REMARKS FURNISHED BY THE MINISTRY OF ENVIRONMENT AND FORESTS. EXT.P11 : COPY OF THE APPLICATION FOR DIVERSION OF FOREST LAND FOR THE INSTALLATION OF THE SEWAGE TREATMENT PLANT AT CHERIYANAVATTOM. EXT.P12 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P. NO. 21276/2000 DATED 3.11.2000. EXT.P13 : COPY OF THE NECESSARY APPLICATION SUBMITTED BY THE BOARD FOR DIVERSION OF FOREST LAND FOR PUTTING UP STALLS/SHEDS ON THE ROUTE FROM PAMAPA TO SANNIDHANAM. EXT.P14 : COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT IN WP(C) NO. 212/2001 BEFORE THE HON'BLE SUPREME COURT. Contd... WP(C).No. 33661 of 2003(G) EXT.P15 : COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN WP(C) NO. 212/2001 DATED 23.8.2002. EXT.P16 : COPY OF THE APPLICATION DATED 8.8.2003 FOR DIVERSION/ ALLOTMENT OF FOREST LANDS AT PAMPA, MARAKKOOTAM, SARAMKUTTI AND ON EITHER SIDE OF THE TRADITIONAL PATH WAY SUBMITTED TO THE SECOND RESPONDENT. EXT.P17 : COPY OF THE APPLICATION DATED 8.8.2003 FOR DIVERSION OF FOREST LAND AT PAMPA FOR PARKING, SUBMITTED TO THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE POLLUTION ABATEMENT SCHEME FOR THE RIVER AT PAMBA AND SABARIMALA ENUNCIATED BY THE CENTRAL GOVT. DT. NIL. EXT.R2(a) : COPY OF THE AFFIDAVIT AND ANNEXURES FILED IN DBA NO. 35/08. //TRUE COPY// P.S. TO JUDGE Mn Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33661 of 2003-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of April, 2011. Judgment Thottathil B.Radhakrishnan, J. This is a petition filed by the TDB for a direction touching its need for additional land to be allotted from the Forest in connection with the developmental activities of Sabarimala. It makes reference to various similar facilities for the Thirumala Thirupathi Devasthanam etc. But, ultimately, we find that the land is part of the Periyar Tiger Reserve and the sanction can be only through the intervention of the Central Government and after obtaining clearance from the Hon'ble Supreme Court of India, having regard to the various directions issued in Godavarman Thirumulpad's case. Therefore, we close this writ petition with a direction to the Union of India WPC33661/03 -: 2 :- to consider any request of the Devaswom Board on appropriate recommendation of the State Government to facilitate ways and means for the Board, if feasible, to move the Apex Court for orders in this regard. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/3004