IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32368 of 2008(S) -------------------------------------- PETITIONERS:- -------------------- 1. HAMSA ANTHIKKAD, ADVOCATE, (GENERAL CONVENER, "JANAKEEYA SAMARA SAMITHY), ANTHIKKADU HOUSE, U.C.COLLEGE P.O., ALUVA-2, ERNAKULAM DISTRICT. 2. P.K.NISHAD, CHAMAPARAMBIL HOUSE, U.C.COLLEGE P.O., ALUVA-2, ERNAKULAM DISTRICT. 3. BABU PALACKAPARAMBIL, PALACKAPARAMBIL, WEST VELIYATHUNADU P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.P.A.NOOR MUHAMMED SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENTS:- ----------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, LODHI ROAD, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA COSTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS MEMBER SECRETARY, GOVERNMENT OF KERALA, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. WPC NO.32368/2008 -2- 4. THE DISTRICT COLLECTOR, ERNAKULAM. 5. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, GANDHI NAGAR, KOCHI, ERNAKULAM DISTRICT. 6. ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA 683 101, ERNAKULAM DISTRICT. 7. KARUMALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARUMALLOOR, ERNAKULAM DISTRICT. 8. CHENGAMANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHENGAMANADU, ERNAKULAM DISTRICT. 9. KADUNGALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KADUNGALLOOR, ERNAKULAM DISTRICT. 10. KEEZHMAD PANCHAYATH, REPRESENTED BY ITS SECRETARY, KEEZHMAD, ERNAKULAM DISTRICT. 11. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA. 12. THE FEDERAL BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR, ALUVA, ERNAKULAM DISTRICT. 13. FEDERAL GARDEN (MINS FLAT), REPRESENTED BY ITS CONCERNED AUTHORITY, WARD NO.XX. ALUVA, ERNAKULAM DISTRICT. 14. MR.V.K.A.RAHIM, SARGAM BUILDERS, WARD NO.II, ALUVA, ERNAKULAM DISTRICT. 15. MR.SEENAJ METHAR, PERIYAR FLAT, KOTTARAKKADAV, WARD NO.VI, PALACE ROAD, ALUVA, ERNAKULAM DISTRICT. WPC NO.32368/2008 -3- 16. MR.LOY DOMINIC, PEREKKATTIL VEEDU, THAINOTHIL ROAD, ALUVA, ERNAKULAM DISTRICT. 17. MR.K.K.VINOD, MANAGING DIRECTOR, A-MARK HOUSING, SANTHI LOTUS, ALUVA, ERNAKULAM DISTRICT. 18. MR.P.A.JEEGAS, JEWEL HOMES, EROOR VASUDEV ROAD, ALUVA, ERNAKULAM DISTRICT. 19. MR.A.P.ABDUL RAHMAN & SULEKHA BEEVI, ELANJIKKAYI HOUSE, ELANJIKKAYI ROAD, ALUVA, ERNAKULAM DISTRICT. 20. MR.K.S.SASIKUMAR, MADHURYA, KIZHAKKEVELIYATHUNAD, U.C.COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT. 21. MR.BOBAN JOSEPH, SANKETHAM APARTMENT, PRANAMAM COMPLEX, ALUVA (SANKETHAM INVESTMENT, MALIYEKAL, CHUNANGAMVELI, ALUVA) ERNAKULAM DIST. 22. M/S.SRESH RAJAN, AJIT RAJAN, VENUGOPAL & BHAMADEVI, RAJ BUILDERS, PALACE BUILDING, TEMPLE ROAD, ALUVA, ERNAKULAM DISTRICT. 23. MR.K.K.HUSSAIN, KARUKAPADATH HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT. 24. SMT.REENA LYNUS, W/O.LYNUS V.K., AKSHAYA, KARUKAMURI CROSS ROAD, KOCHI 682 011. 25. MR.K.J.KURIAKOSE, CHAIRMAN, TRINITY ARCADE PVT. LTD., 35/268 A, TRINITY HOUSE, MAMANGALAM, COCHIN. 26. MR.K.LAVA, MANAGING DIRECTOR, SKYLINE FOUNDATIONS AND STRUCTURES (P) LTD., MAGNUS, KARIKKAMURI CROSS ROAD, COCHIN. WPC NO.32368/2008 -4- 27. MR.K.P.JOSE, KALATHIPARAMBIL HOUSE, NEERICODE, DON ELDOW-PARVATHI HOUSE, ALWAYE, MY HOMES VILLAS & APARTMENTS, PARAVOOR JN., ALWAYE. 28. K.A.PADMAKUMAR, MANAGING DIRECTOR, TRISSUR BUILDERS PVT. LTD., THRISSUR. 29. M/S.ALLIANCE REALTORS, F-102, PIONEER TOWER, MARINE DRIVE, COCHIN. 30. MR.M.C.SUNNY, SUNNY APARTMENTS PVT. LTD. SUNNY ESTATE, MAMANGALAM. 31. MR.K.JAVAHAR MAHI, DIRECTOR, ROSE BUD PROJECTS (P) LTD., MUMBAI-5. 32. M/S.PARTHASARADHY PROPERTIES (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR, PALARIVATTOM, KOCHI. R2, R3, R4 & R11 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R5 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS. T HIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ W.P.(C) No.32368 of 2008-S ------------------------------------------------- Dated, this the 7th day of November, 2008 JUDGMENT H.L.Dattu, C.J. Public spirited citizens are before this Court, inter alia requesting this Court, to direct banning of all construction activities within the prohibited limits of the coastal stretches of the river “Periyar” flowing through the territorial limits of respondents 6 to 10. 2. Respondents 6 to 10 are Grama Panchayat and Municipalities who are said to have issued permits to the flat builders or the developers to construct multi storied buildings on the river bank of Periyar. 3. According to the petitioners, the construction so made by the builders are in contravention of the Environmental laws, Building Regulations, Coastal Regulations etc. 4. Even before approaching this Court, the petitioners had approached two Grama Panchayats to inform them, whether some of the builders who have constructed multi storied flats on the banks of river Periyar have obtained permission as required under the Act. Pursuant to the request so made, Chengamanad Grama Panchayat has informed the petitioners that, they have granted permission to seven builders to build W.P.C. No.32368/2008 -2- in and around the river Periyar. Yet another Municipality, it appears, has also given some information to the petitioners. 5. It is the case of the petitioners that, bringing to the knowledge of the Honourable Chief Minister, the Honourable Minister for Revenue, the District Collector, Ernakulam, the Chief Environmental Engineer, Secretary, Karumalloor Grama Panchayat, Secretary, Aluva Municipality, Aluva, petitioners have filed a representation requesting to look into their grievances and to remove all encroachments on the banks and along the side of the river Periyar. It is their further case that, in spite of that representation, they have not taken any action against those powerful builders. Therefore, the petitioners are before this Court for the reliefs indicated by us earlier. 6. Sri.Noor Muhammed, learned counsel appearing for the petitioners would contend that, this Court, in exercise of its extra ordinary jurisdiction should immediately come to the aid of the petitioners and direct the authorities to take appropriate proceedings against those builders who are building multi storied buildings with the permission that was granted to them by the Grama Panchayat. 7. In support of his contention, the learned counsel Sri.Noor Muhammed has brought to our notice the decision of the Apex W.P.C. No.32368/2008 -3- Court in the case of Indian Council For Enviro-Legal Action Vs. Union of India and Others {1996 (5) SCC 281} and M.C.Mehta Vs. Kamal Nath and Others {1997 (1) SCC 388} and contended that in view of the declaration of law made by the Apex Court, this Court, immediately should step in and stop construction of the multi storied buildings which are coming up on the banks of the river Periyar, may be with the permission of the Municipality/Grama Panchayat and also direct the authorities to take appropriate proceedings to demolish those buildings. 8. We are not at all impressed by the submissions made by the learned counsel for the petitioners. In fact, even from the documents produced by the petitioners themselves, one thing is clear. That is, all the builders who are arrayed as respondents have obtained permission from the Grama Panchayat to construct buildings in and around the river Periyar. If, for any reason, the permit/permission so granted is contrary to any one of the Environmental laws, Building Regulations or Coastal Regulations, it is expected of them to request the authorities to take appropriate proceedings. 9. In the instant case, Sri.Noor Muhammed, learned counsel for the petitioners states that, such a representation was sent to W.P.C. No.32368/2008 -4- the Honourable Chief Minister. But, no action has been taken. In a State like Kerala, number of complaints are received by the Honourable Ministers including the Honourable Chief Minister. In the normal course, those representations will be forwarded to the Executives by the Honourable Ministers, and, it is expected of the petitioners to move the Executives by filing reminders. If, for any reason, even in spite of reminders, no action is taken by the respondents, then only they should come before this Court with a request to exercise the extra ordinary jurisdiction of this Court. In the instant case, even according to the petitioners they had filed their representation some time in the month of January 2008 and thereafter they have done nothing in the matter. That only shows their seriousness which they are trying to project before this Court. 10. In the instant case, the petitioners have produced Ext.P9 representation. That representation does not contain any date whatsoever. But, learned counsel Sri.Noor Muhammed states that, that was sent some time in the month of January, 2008. We do not disbelieve him. But, we will only say that, having sent the representation in the month of January, 2008, there is no reason for the petitioners to keep quiet. They should have sent reminders to the authorities concerned to W.P.C. No.32368/2008 -5- take appropriate proceedings on the request made in the representation. If, no action is taken, then only they should approach this Court. In view of the above, we decline to entertain this writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS