Gangadharan vs The Kerala State Biodiversity Board

Kerala High Court

Gangadharan vs The Kerala State Biodiversity Board on 23 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        WP(C) NO. 16212 OF 2024
PETITIONERS:

    1       GANGADHARAN
            AGED 74 YEARS
            S/O, RAMAN, KIZHAKETHIL PUTHANVEEDU, VALIYODE P.O.,
            ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
            PIN - 691520
    2       BALAKRISHNAN
            AGED 70 YEARS
            S/O RAMAN, MANGALASSERY THAZHATHIL HOUSE, VALIYODE
            P.O., ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM
            DISTRICT, PIN - 691520
    3       THANKAMONY
            AGED 55 YEARS
            D/O, BHARGHAVI MADHAVAN, KIZHAKETHIL PUTHANVEEDU,
            VALIYODE P.O., ELAMADU VILLAGE, KOTTARAKKARA TALUK,
            CHEPRA, KOLLAM DISTRICT, PIN - 691520
    4       SANTOSH KUMAR
            AGED 54 YEARS
            S/O. KARTHIKEYAN, CHAITHANYA, VALIYODE P.O., ELAMADU
            VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
            PIN - 691520
            BY ADV T.R.RAJAN


RESPONDENTS:

    1       THE KERALA STATE BIODIVERSITY BOARD
            KAILASAM, T.C. 24/3219, NO. 43, BELHAVEN GARDENS,
            KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT REPRESENTED
            BY ITS MEMBER SECRETARY., PIN - 695003
    2       BIODIVERSITY MANAGEMENT COMMITTEE,
            ELAMADU GRAMA PANCHAYATH REPRESENTED BY ITS CHAIRMAN
            AND PRESIDENT, ELAMADU GRAMA PANCHAYATH, ELAMADU KOLLAM
            DISTRICT, PIN - 691533
    3       THE ELAMADU GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, ELAMADU KOLLAM DISTRICT,
            PIN - 691533
    4       THE SECRETARY
            ELAMADU GRAMA PANCHAYATH, ELAMADU KOLLAM DISTRICT.,
            PIN - 691533
    5       THE VILLAGE OFFICER
            ELAMADU VILLAGE OFFICE, ELAMADU KOLLAM DISTRICT,
 W.P.(C).No. 16212 of 2024
                                  ..2..
 is
              PIN - 691533
      6       THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
              TALUK OFFICE COMPOUND, KOLLAM, PIN - 691001
      7       CHANDRAMTHI
              CHARUVILAPUTHANVEEDU, VALIYODE P.O., ELAMADU
              VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
              PIN - 691520
      8       USHA.S VISWANATHAN
              CHARUVILAPUTHANVEEDU, NETTAYAM P.O. VELINELLOOR
              VILLAGE, KOLLAM DISTRICT, PIN - 691537
      9       ZIYAD
              THAVAKAL HOUSE, KARALIKONAM. ARKANNUR P.O.ELAMADU
              VILLAGE, KOLLAM DISTRICT, PIN - 691533
      10      THE MANAGING DIRECTOR
              SHIVALAYA CONSTRUCTION CO. PVT. LTD, PLOT NO.
              137, AVTAR ENCLAVE, PASCHIM VIHAR, NEW DELHI,
              DELHI, PIN - 110063
      11      THE STATION HOUSE OFFICER
              CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT,
              PIN - 691534
              BY ADV Sasith M R


OTHER PRESENT:

              SHRI.T. NAVEEN,(SC for R1 & R2)
              SHRI.M.R.SASITH, (SC for R3 & R4)
              AJITH VISWANATHAN- GOVERNMENT PLEADER


       THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION      ON   23.05.2024,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No. 16212 of 2024
                              ..3..
 is


                      J U D G M E N T

Dated this the 23rd day of May, 2024 The only relief which is pressed before this Court by the petitioner is for a direction to consider Ext.P4 application by the 1st respondent. Having regard to the limited relief sought for, notice to the party respondents 7 to 10 are dispensed with.

Adv.Naveen T., learned Standing Counsel takes notice for respondents 1 and 2. Adv.M.R. Sarith, learned Standing Counsel takes notice for respondents 3 & 4/Grama Panchayath. Sri.Ajith Viswanathan, Learned Government Pleader takes notice for respondents 5, 6 and 11.

2. Having heard the learned counsel for the afore referred parties, this Court directs the 1st respondent to consider and pass orders in Ext.P4 representation in accordance with law, within a W.P.(C).No. 16212 of 2024 ..4..

is period of one month from today (23.05.2024). The petitioner will produce a copy of this judgment before the 1st respondent/Board. Needless to say that, while taking such decision the 1st respondent shall hear the petitioner, as well as, respondents 7 to 10, the affected parties.

The Writ Petition (Civil) is disposed of, as above.

Sd/-

C. JAYACHANDRAN JUDGE TR W.P.(C).No. 16212 of 2024 ..5..

is APPENDIX OF WP(C) 16212/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 18/10/2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 15/11/2023 OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ELAMADU TO THE 4TH PETITIONER Exhibit P3 TRUE COPY OF THE REPORT DATED 26/8/2023 OF THE 5TH RESPONDENT TO THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE PETITION DATED NIL SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE PETITION DATED 22/8/2023 SUBMITTED BY THE 1ST AND 4TH PETITIONERS BEFORE THE 6TH RESPONDENT Exhibit P6 TRUE COPY OF THE COMMUNICATION AND REPORT DATED 28/2/2024 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT