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 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 1153 of 2007(S) ------------------------------------------------ PETITIONER: ------------------- NIYAMAVEDI, REP. BY ADV.SAJIV C.KRISHNAN, S/O.C.R.KRISHNAN, AGED 30 YEARS, BLOCK NO.949, BALAGRAM P.O., 3RD CAMP, IDUKKI DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------------------ 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. 2. CHIEF CONSERVATOR OF FOREST (CENTRAL), NEW DELHI. 3. GOVERNMENT OF KERALA, REP. BY PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, FOREST DEPARTMENT, GOVT. OF KERALA, FOREST HEAD QUARTERS, VAZHUTHAKAD, THIRUVANANTHAPURAM. 5. EXECUTIVE ENGINEER, ROADS DIVISION, PUBLIC ROADS DEPARTMENT, PALAKKAD. ADDL. 6. V.FAROOK, S/O.M.VEERANKUTTY, MANALARU ESTATE,KOONAMPALAM, PADAGIRI P.O., (VICE-PRESIDENT, NELLIYAMPATHY GRAMA PANCHAYAT). (ADDL.6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 31.5.2007 IN IA NO.6585 OF 2007) ADDL. 7. JOSEPH ABRAHAM, S/O.LATE K.A.ABRAHAM MANAGING PARTNER, RAVI VARMA ESTATE, NELLIYAMPATHY, PALAKKAD. W.P.(C) NO.1153/2007 - 2 - 8. V.GANGADHARAN, S/O.VELAYUDHAN, KAVUNGAL HOUSE, KIZHAKKE MURI PO, ELAVANCHERRY, PALAKKAD. 9. V.UMMER, S/O.MUHAMMED, VALLIYIL HOUSE, ARIYOOR PO, MANNARCAUD, PALAKKAD. (ADDL.RESPONDENTS 7, 8 & 9 ARE IMPLEADED AS PER ORDER DATED 5.6.2009 IN IA NO.5528 OF 2007) ADDL.10. NELLIYAMPATHY GRAMA PANCHAYAT, PALAKKAD DISTRICT, PIN-678 511, REPRESENTED BY ITS SECRETARY. (ADDL.10TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 5.6.2009 IN IA NO.5738 OF 2007) ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 & 2 SRI.T.G.RAJENDRAN FOR R7TO 9 SRI.P.V.SURENDRANATH FOR R.10 SRI.M.C.JOHN FOR R6 R3 TO R5 BY SPECIAL GOVERNMENT PLEADER SRI.M.P.PRAKASH R1 & R2 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1153 OF 2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE ORDER DATED 19.10.2006 EXT.P2 PHOTOCOPY OF THE REPRESENTATION OF JANA JAGRATHA DATED 21.9.06 EXT.P3 PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN NEW INDIAN EXPRESS DAILY DATED 28.12.06 EXT.P4 PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN 'THE HINDU' DAILY DATED 28.12.06 EXT.P5 PHOTOCOPY OF THE REPRESENTATION DATED 29.11.03 EXT.P5(a) PHOTOCOPY OF THE COMMUNICATION DATED 30.12.03 EXT.P6 PHOTOGRAPHS SHOWING THE UPROOTING AND FELLING OF TREES IN NELLIYAMPATHY FOREST EXT.P7 PHOTOCOPY OF THE ORDER OF THE DEPUTY CONSERVATOR OF FOREST, CENTRAL EXT.P8 PHOTOCOPY OF THE REPORTS IN MATHRUBHUMI AND MADHYAMAM DAILIES DATED 24.3.07 RESPONDENTS' EXHIBITS: EXT.R5(A) TRUE COPY OF THE NOTIFICATION DATED 8.5.1909 EXT.R5(B) TRUE COPY OF G.O.(MS) NO.1077/2001/FIN. DATED 29.9.2001 EXT.R5(C) TRUEC OPY OF THE STAGE I ORDER FROM CENTRAL GOVERNMENT DATED 19.10.2006 EXT.R5(D) TRUE COPY OF THE STAGE II ORDER FROM CENTRAL GOVERNMENT DATED 9.3.2006 EXT.R6(A) TRUE COPY OF THE MINUTES OF THE MEETING DATED 17.1.2005 EXT.R6(B) TRUE COPY OF THE NOTIFICATION DATED 8.5.1909 PUBLISHED IN THE COCHIN GOVERNMENT GAZETTE EXT.R6(C) TRUE COPY OF THE REPORT IN THE MALAYALA MANORAMA DAILY DATED 17.9.2006 EXT.R6(D) TRUE COPY OF THE REPORT DATED 21.10.2006 IN THE MALAYALA MANORAMA DAILY. / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.1153 of 2007 ------------------------------------------ Dated, this the 5th day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed with the following prayers: “i) Issue a Writ of Certiorari to quash the Exhibit P-1 temporary approval order. ii) Issue a Writ of Mandamus directing the Respondents to desist from felling of any trees and destruction of undergrowth and from conducting any blasting inside the Nelliyampathy forest eco system and step all activities of widening the Pothundy-Nelliyampathy road. iii) Such other reliefs that this Hon'ble Court deems fit and proper.” W.P.(C) No.1153 of 2007 - 2 - 2. The grievance of the petitioner is that under the guise of widening of a two lane 22 Kms. Pothundy– Nelliyampathy road, the respondents and other officials are felling trees indiscriminately affecting the ecologically fragile Nelliyampathy eco system resulting in land slides and other disasters. 3. The respondents by way of counter affidavits have replied to the questions raised by the petitioner denying any act affecting the ecological system, as to the indiscriminate felling of trees from the forest lands, etc. It is stated that only after obtaining necessary permissions and only to have better transport facility to the local people, widening of road is undertaken. 4. After hearing both sides, we find that the first respondent Union of India, Ministry of Environment and Forests, has in fact issued a provisional approval for the widening of the road, vide Ext.P1. In the light of the contentions of either side, in W.P.(C) No.1153 of 2007 - 3 - our view, it would be just and appropriate to direct the first respondent to conduct a local inspection with notice to the petitioner and all the concerned authorities including the respondents and the local Grama Panchayat and representatives of the people, within three months from the date of receipt of a copy of this order or production of the same by any of the parties and thereafter consider the issuance of the final approval. With this direction the writ petition stands disposed of. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns