IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 O.P.No.8588 of 2001(V) ----------------------------------------------- PETITIONER:- -------------------- CADRE FOR ENVIRONMENTAL STUDIES & ACTION, REG.NO.200/94, IST FLOOR, SREETHILAKAM COMPLEX, POOTHOLE ROAD, THRISSUR, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.M.V.BIPIN RESPONDENTS:- ------------------------- 1. UNION OF INDIA, REPRESENTED BY DIRECTOR GENERAL OF FORESTS AND SPECIAL SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI - 110 003. 2. THE DEPUTY CONSERVATOR OF FORESTS, MINISTRY OF ENVIRONMENT AND FOREST, REGIONAL OFFICE (SOUTH ZONE), KENDRIYA BHAVAN, IVTH FLOOR, E & E WINGS, XVIITH MAIN ROAD, IIND BLOCK, KORAMANGALA, BANGALORE - 560 034. 3. PETRONET CCK LTD., REGD. OFFICE, IRUMPANAM, COCHIN - 682 309, REPRESENTED BY ITS MANAGING DIRECTOR. 4. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, FOREST AND WILFE LIFE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. R1 & R2 BY ADDL.C.G.S.C. SRI.N.ANILKUMAR. R3 BY ADV.SRI.PATHROS MATTHAI (SR.) & SRI.SAJI VARGHESE R4 BY SPECIAL GOVERNMENT PLEADER (FORESTS) SRI.RENJITH THAMPAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.8588 OF 2001 APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE COPY OF REGISTRATION CERTIFICATE OF THE PETITIONER. EXT.P2 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 23.6.2000. EXT.P3 - TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 14.11.2000. EXT.P4 - TRUE COPY OF ROUGH SKETCH SHOWING THE ROUTE OF OIL PIPE LINE PASSING THROUGH PEECHI AND PATTIKKAD FOREST RANGES. EXT.P5 - TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ON 12/13.2.2001. EXT.P6 - TRUE COPY OF COMMUNICATION NO.F(C)A/11/2/99/KER/MISC. DATED 15.2.2001 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P7 - TRUE COPY OF COUNTER AFFIDAVIT IN C.M.P.NO.2490/2000 IN W.A. NO.892/2000 DATED 3.6.2000 BEFORE THIS HON'BLE COURT FILED BY THE 3RD RESPONDENT. EXT.P8 - TRUE COPY OF REPRESENTATION DATED 24.2.2001 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:- --------------------------------------- NIL. - TRUE COPY - K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------------ O.P.No.8588 of 2001-V ------------------------------------------ Dated, this the 5th day of June, 2008 JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court praying to quash the proceedings by which the third respondent was permitted to lay pipes through the reserve forest at Kuthiran and Vaniyampara. Respondents 1 and 2 have filed a counter affidavit stating that sanction has been given to the third respondent by the competent authority incorporating necessary conditions to protect the forest. In view of the above submission, the original petition is closed. (K.BALAKRISHNAN NAIR) JUDGE (M.C.HARI RANI) JUDGE vns