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.
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Writ Petition (C) No.6448 OF 2009
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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