Kerala High Court
Pollution Control Club & Nature Club, ... vs The Executive Engineer, Periyar Valley ... on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 1981 OF 2016
PETITIONER:
POLLUTION CONTROL CLUB & NATURE CLUB,
M.A.COLLEGE, KOTHAMANGALAM
PIN-686691, REPRESENTED BY ITS SECRETARY, DR.
M.M.JOSEPH.
BY ADVS.
SRI.C.DILIP
SRI.R.PRADEEP
RESPONDENTS:
1 THE EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION
PROJECT (PVIP), PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN-683542.
2 THE ASSISTANT ENGINEER
PERIYAR VALLEY IRRIGATION PROJECT (PVIP), SECTION
1/1, BHOOTHATHANKETTU, KOTHAMANGALAM, PIN-686691.
3 THE SECRETARY, KERALA STATE BIO DIVERSITY BOARD,
L-14, JAI NAGAR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN-685011.
BY ADVS.
SRI.RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1981 of 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 1981 of 2016
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Dated this the 11th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
"a) Issue a writ of mandamus or any other writ, order or direction directing respondent No. 1 & 2 to take effective steps against using their leased land in Bhoothathankettu in Kothamangalam Taluk (Between Jenda No. 260-270) for commercial purpose.
b) Issue a writ of mandamus or any other writ, order or direction directing respondent No. 3 to take effective steps to stop the commercial activities affecting biological diversity, in the landed property let out by the Periyar Valley Irrigation Project in Bhoothathankettu in Kothamangalam Taluk (Between Jenda No. 260- 270).
c) Issue other appropriate writ, order or direction which this Hon'ble court may deem fit to W.P.(C) No.1981 of 2016 3 issue and the petitioner may pray from time to time."[SIC]
2. This Writ petition is pending before this Court from 2016 onwards. No interim order is passed in this case. If there is any surviving grievance to the petitioner, the petitioner is free to approach the competent authority among the respondents with appropriate representation and if such a representation is received, the competent authority will consider the same in accordance with law, with notice to the petitioner.
With the above observation, this Writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.1981 of 2016 4 APPENDIX OF WP(C) 1981/2016 PETITIONER EXHIBITS EXHIBIT P1- TRUE PHOTOCOPY OF CERTIFICATE OF REGISTRATION DATED 22-12-2005 OF THE PETITIONER SOCIETY.
EXHIBIT P2- TRUE COPY OF LEASE AGREEMENT DATED 24-11-2014 EXECUTED BETWEEN PETITIONER AND PVIP. EXHIBIT P3- TRUE PHOTOCOPY OF THE REPORT OF THIRD RESPONDENT ALONG WITH LETTER DATED 26-11-2014 ADDRESSED TO THE PETITIONER. EXHIBIT P4- TRUE PHOTOCOPY OF LIST OF TREES PLANTED AND PRESERVED BY THE PETITIONER IN THE PROPERTY. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE