IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 879 of 2009(S)
1. KOLLAM MUNICIPAL CORPORATION,
... Petitioner
Vs
1. K.RAJENDRAN, PULIAKKOVILAM, ADVOCATE,
... Respondent
2. ODNAVATTAM VIJAYAPRAKASH,
3. THE STATE OF KERALA,
4. DISTRICT COLLECTOR,
5. THE CONSERVATOR OF FOREST
6. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.M.K.CHANDRA MOHANDAS
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :30/09/2009
O R D E R
S.R. Bannurmath, C.J. & Kurian Joseph, J.
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R.P.Nos. 879 and 880 OF 2009
IN
W.P.(C) Nos.30521 and 32213 OF 2008
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Dated this the 30th day of September, 2009
O R D E R
Kurian Joseph, J.
These Review Petitions are filed by the respondent, Kollam
Municipal Corporation.
2. The Writ Petitions were disposed of directing the
Corporation to take steps in a time bound manner to plant
minimum of 256 shady and flowering trees within three months.
There was also a direction to file an affidavit on the steps taken
to protect the trees which have been planted as per the above
direction. It is submitted by the review petitioners that unless
construction of road is completed, the trees cannot be planted
and if planted earlier, it might be difficult to protect them.
3. Having heard the learned counsel on both sides, we find
that there is nothing to be reviewed in the judgment, what the
review petitioners seek is only a clarification. On an overall
assessment of the situation we feel it appropriate to make it
clear that the planting of the trees as per the judgment need
R.P. Nos.879 & 880 of 2009
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only be undertaken by the Corporation immediately after
completion of construction of the road. The construction shall be
completed within a period of four months from today. Within
three months thereafter a report shall be filed by the Secretary of
the Municipal Corporation as to the number of trees planted,
types of trees planted and steps taken for protecting them.
Within another three months thereafter Secretary will file another
report regarding the growth of the trees and after six months
thereafter a third report will be filed regarding the stage of
growth of the trees planted after the above direction. We also
make it clear that in case there is any lapse in planting, growing
and protecting trees as above, the Secretary of the Kollam
Municipal Corporation will also be personally liable.
The Review Petitions are disposed of as above.
S.R. Bannurmath,
Chief Justice.
Kurian Joseph,
Judge.
ttb
R.P. Nos.879 & 880 of 2009
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