IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 OP.No. 2908 of 2000(U) -------------------------------- PETITIONER: ------------------- MALAMPUZHA DAM PROTECTION COUNCIL, REG. NO.793/99, REP.BY ITS SECRETARY , PANDIYODE PRABHAKARAN, S/O.P.KRISHNAN, AGED 47 YEARS, POKKAT HOUSE, PANDIYODE, KANNADI P.O., PALAKKAD 678 701. BY ADV. SRI.A.X.VARGHESE SRI.DENIZEN KOMATH RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. 2. STATE OF KERALA, REP.BY ITS SECRETARY, SECRETARIAT, TRIVANDRUM. 3. SECRETARY, MINISTRY OF FORESTS, SECRETARIAT, TRIVANDRUM. 4. CONSERVATOR OF FORSTS (WILD LIFE) OLAVAKKAD, PALAKKAD. 5. DISTRICT COLLECTOR, PALAKKAD. 6. THE EXECUTIVE ENIGNEER (IRRIGATION) MALAMPUZHA, PALAKKAD. 7. SRI.APPACHAN NAVODAYA, 39/10, VIDYA SADHAN, KARIKKAMURI, CROSS ROAD, KOCHI 11. 8. SECRETARY, MINISTRY OF TOURISM SECRETARIAT, TRIVANDRUM. BY ADV. SRI.M.RAJEEV, ADDL.CGSC - R1 SRI.K.P.DANDAPANI - R7 GOVERNMENT PLEADER SMT.N.SUDHADEVI - R2 TO R6 & R8 SRI.S.R.AJITH, ADDL.CGSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.2908/2000 ORDER ON CMP. NO.4708/2000 IN OP. NO.2908/2000 DISMISSED 14.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NEWS ITEM PUBLISHED IN THE HINDU DAILY DT. 28.11.99. EXT.P2:- COPY OF THE REPORT WHICH CAME IN THE MATHRUBHUMI DAILY DT. 22.11.99. EXT.P3;_ COPY OF THE REPORT WHICH NAME IN THE KERALA KAUMUDI DAILY DT. 24.11.99. EXT.P4:- COPY OF THE SKETCH WHICH INDICATES THE CATCHMENT AREA AND THE RESERVIOR. EXT.P5:- COPY OF THE COMMITTEE DECISION REACHED AFTER HOLDING MEETING ON 25.10.99.. EXTP6:- COPY OF THE NEWS ITEM PUBLISHED IN THE INDIAN EXPRESS DAILY DT. 8.12.99. EXT.P7:- COPY OF THE NEWS ITEM PUBLISHED IN THE KERALA KAUMUDI DAILY DT. 20.12.99. EXT.P8:- COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DT. 15.12.99. EXT.P9:- COPY OF THE NEWS ITEM PUBLISHED IN THE KERALA KAUMUDI DAILY DT. 29.11.99. EXT.P10:- COPY OF THE PAMPHALET DT. 1.12.99 CIRCULATED BY THE PETITIONER COUNCIL. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.2908 of 2000-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2008. JUDGMENT The prayer in this original petition is to issue a writ of mandamus prohibiting the respondents from allotting acres of water body and lands of Malampuzha dam area or from sanctioning any proposal meant to commence any tourism project therein, especially to the 7th respondent. 2. Learned counsel for the 7th respondent points out that he is the owner of the land in question and he wanted to start a water theme park in the area. It is also pointed out that the 7th respondent had planted 3000 trees of various descriptions in the said land and the property is properly managed by him also. At that time, the 7th respondent was contemplating development of the plot into an amusement park and a resort complex. But subsequently, the Government has notified this area under the provisions of Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act (Act 5 of 2001). In view of the said notification, he has already filed an appeal under Section 19 of the Act before the Tribunal. In the light of the above, it is not necessary to adjudicate the dispute that is raised by the petitioner in this original petition. The same is left OP 2908/2000 -2- open. The Original Petition is closed accordingly (T.R. Ramachandran Nair, Judge.) kav/ OP 2908/2000 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.2908 of 2000-U - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 14th March, 2008.