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High Court of KeralaWP(C)/30555/2015disposed of

Kerala Karshaka Samrakshana Association v. Addl.Secretary

2015-11-02Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 30555 of 2015 (T) ---------------------------- PETITIONER :

---------------------- KERALA KARSHAKA SAMRAKSHANA ASSOCIATION REP. BY ITS CHAIRMAN N.K.SIVARAMAN REG.NO.PKD/CA/262/2012, MONIES R CODE 10/35/11 PRIYADARSHINI ROAD, PALAKKAD-678001.

BY ADVS.SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENT(S):

----------------------------

1. ADDL.SECRETARY PARITHASTHIDHI (A) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD-678001.

3. INSPECTOR GENERAL OF FOREST MINISTRY OF ENVIRONMENT AND FOREST GOVERNMENT OF INDIA, PARVARAM BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.

R1 TO R3 BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 30555 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF G.O. NO. 188/2013 DATED 21.12.2013. EXT.P2 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21.8.2015. EXT.P3 PHOTOCOPY OF THE ORDER DATED 6.10.2015.

EXT.P4 PHOTOCOPY OF THE NEWSPAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 24.10.2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.30555 of 2015 ****************************************************************************** Dated this the 2nd day of November, 2015

JUDGMENT

The petitioner, alleging anomalies in the report of the first respondent before the Central Government in preparing ecologically sensitive area in the western ghat, approached the first respondent by Ext.P2. The petitioner seeks consideration of Ext.P2 by the first respondent.

2.

Learned Government Pleader submits that already a report has been sent to the Central Government. Therefore, the petitioner's remedy is to approach the Central Government. 3.

The petitioner points out that they are only pointing out the anomalies in the report already submitted and it is within the power of the first respondent to submit necessary erratum report to the Central Government.

Considering the facts and circumstances, this Court is of the view that Ext.P2 shall be considered by the first respondent and if the first respondent is satisfied that there are anomalies in the

W.P.(C) No.30555 of 2015 2 report already sent, it is open for the first respondent to send a supplemental report to the Central Government. Needful shall be done as expeditiously as possible.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln