High Court Kerala High Court

Kerala Sasthra Sahithya … vs State Of Kerala Represented By The on 17 March, 2009

Kerala High Court
Kerala Sasthra Sahithya … vs State Of Kerala Represented By The on 17 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6448 of 2009(S)


1. KERALA SASTHRA SAHITHYA PARISHATH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE CHIEF WILD LIFE WARDEN, FOREST HEAD

3. THE DIVISIONAL FOREST OFFICER,

4. THE DISTRICT COLLECTOR, MALAPPURAM.

5. THE ASSISTANT EXECUTIVE ENGINEER,

                For Petitioner  :SMT.DAISY A.PHILIPOSE

                For Respondent  :SRI.BABU CHERUKARA

The Hon'ble the Acting Chief Justice MR.KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :17/03/2009

 O R D E R
                   KURIAN JOSEPH, Ag. CJ &
                 S.S.SATHEESACHANDRAN, J.
           -------------------------------------------
             Writ Petition (C) No.6448 OF 2009
            -------------------------------------------
           Dated this the 17th day of March, 2009.


                        J U D G M E N T

Kurian Joseph, Ag.CJ.

The Divisional Forest Officer and Assistant Executive

Engineer are present. The panchayath has filed a statement.

Learned Government Pleader submits that the matter has to be

considered by the High Level Committee constituted under the

chairmanship of the Chief Secretary.

2. The Assistant Executive Engineer submits that no

construction activity has been undertaken for a length of 217

metres though there is a proposal for construction of wall for

another 85 metres. Since various issues are to be considered in

the matter, we direct the Water Resources Department and the

5th respondent not to undertake any construction activity in the

217 metres referred to above until further orders.

3. Learned counsel appearing for the panchayth submits

that the panchayath had taken a resolution to the effect that

W.P.(C) No.6448/2009 2

construction of sea wall as proposed by the Water Resources

Department will be detrimental to the interests of the ecology

particularly the turtle habitat.

We direct the Chief Secretary to convene a conference of all

the parties including the petitioner, panchayath, departments and

the contractors and take a decision in the matter, expeditiously.

We make it clear that any further construction in the distance

referred to above shall be undertaken only after a decision is

taken by the Committee as above.

This writ petition is disposed of as above.

KURIAN JOSEPH
ACTING CHIEF JUSTICE

S.S.SATHEESACHANDRAN
JUDGE

smp

W.P.(C) No.6448/2009 3

KURIAN JOSEPH, Ag.CJ &
S.S.SATHEESACHANDRAN,J.

W.P.(C)No.6448 OF 2009

J U D G M E N T

17.03.2009