IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 31527 of 2011(S) ---------------------------------- PETITIONER(S): --------------------- PARISTHITHI SAMRAKSHANA EKOPANA SAMITHI (REG.NO.Q.183/2010)KOLLAM-691512 REPRESENTED BY ITS GENERAL CONVENOR ODANAVATTAM VIJAYAPRAKASH, SANTHAVILASAM, ODANAVATTAM P.O., KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CENTRAL WETLAND REGULATORY AUTHORITY, NEW DELHI, REPRESENTED BY ITS CHAIRPERSON, THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, GOVERNMENT OF INDIA, NEW DELHI-110 001. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST & WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN-695 014. 5. THE DISTRICT COLLECTOR, KOLLAM, PIN-691 001. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL FOR R1 & R5 SRI.P.PARAMESWARAN NAIR, ASGI FOR R2 ADV. SRI.M.DINESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31527 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE FACTS SHEET OF SASTHAMKOTA LAKE WHICH IS INCLUDED IN THE LIST OF RAMSAR WETLAND SITES. EXHIBIT P2: TRUE COPY OF WETLANDS (CONSERVATION AND MANAGEMENT) RULES, 2010. EXHIBIT P3: TRUE COPY OF THE REPORT OF THE ASSISTANT EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY, SASTHAMKOTA. EXHIBIT P3(A): ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4: TRUE COPY OF MINUTES OF THE MEETING CONVENED ON 15/7/2009, BY THE HONOURABLE WATER RESOURCES MINISTER OF KERALA. EXHIBIT P4(A): ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5: TRUE COPY OF MINUTES OF MEETING CONVENED IN THE CHAMBER OF THE DISTRICT COLLECTOR, KOLLAM ON 12/8/2009. EXHIBIT P5(A): ENGLISH TRANSLATION OF EXHIBIT P5: EXHIBIT P6: TRUE COPY OF MINUTES OF MEETING HELD ON 21/8/2009 IN CONFERENCE HALL OF THE COLLECTORATE, KOLLAM. EXHIBIT P6(A): ENGINEER TRANSLATION OF EXHIBIT P6: EXHIBIT P7: TRUE COPY OF MINUTES OF THE MONITORING COMMITTEE HELD ON 19/11/2009. EXHIBIT P7(A): ENGLISH TRANSLATION OF EXHIBIT P7. EXHIBIT P8: TRUE COPY OF ORDER DATED 31/3/2011 OF 5TH RESPONDENT. EXHIBIT P8(A): ENGLISH TRANSLATION OF EXHIBIT P8. EXHIBIT P9: TRUE COPY OF PETITION DATED 10/10/2011 TO THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA. EXHIBIT P9(A): ENGLISH TRANSLATION OF EXHIBIT P9. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 31527 of 2011 ---------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The petitioner is before us as a pro bono publico contending that the Society's main object is to protect environment and ecology, including lakes, rivers, mountains, streams, wetlands, paddy lands etc. According to them, in terms of Rule 8 of the Wetlands (Conservation and Management) Rules, 2010, which came into force on 2.10.2010, though the State ought to have designated a nodal department or local State agency for protection and management of wetlands, included in the list of wetlands in India identified as Ramsar sites under Ramsar Convention on Wetland, no such action is taken. Sasthamkotta Fresh Water Lake, being a largest fresh water lake in Kerala, though finds a place in the list of wetlands, no nodal agency is designated to look after the lakes especially Sasthamkotta lake, which is being polluted by various persons for satisfying their personal objects. WP(C).No.31527/11 2 2. The main grievance of the petitioner was that the Rules stipulate that within six months from the date of commencement of the Rules, the nodal agency has to be identified and indicated. 3. The learned Government Pleader brings to our notice an order No.G.O(Rt).No.51/11/Envt. dated 30.5.2011 issued by the Environment Department, which reads as follows: “Government have examined the matter in detail and are pleased to issue orders designating the Directorate of Environment & Crimate Change as the Nodal Agency for regulating the management and wise use of wetlands situated outside the protected or notified forest area. The Nodal Department is instructed to identify and classify wetlands within the State (other than Ramsar sites notified under this rule) and submit a brief document to Central Wetlands Regulatory Authority urgently with the approval of State Government.” 4. By virtue of the above order, the Directorate of Environment and Climate Change, being the Nodal Agency constituted by the Government for regulating the management and proper use of wetlands situated outside the protected or notified forest area, nothing remains for us to consider in this matter. However, if the petitioner finds any pollution being continued with the act of anybody, it is open for them to approach the concerned authority giving a complaint stating the details, WP(C).No.31527/11 3 which shall be considered by the authority in accordance with the procedure contemplated. With this observation, the Writ Petition is disposed of. Sd/- MANJULA CHELLUR, ACTING CHIEF JUSTICE Sd/- P.R.RAMACHANDRA MENON, JUDGE vgs /true copy/ PS TO JUDGE