Review vs By Spl. Govt. Pleader (Forest) ...
2021 Latest Caselaw 4626 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                 &

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

              RP.No.741 OF 2020 IN WP(C). 9155/2007

     AGAINST THE ORDER/JUDGMENT DATED 08.02.2019 IN WP(C)
             9155/2007(M) OF HIGH COURT OF KERALA


REVIEW PETITIONERS/RESPONDENTS 2,4, ADDITIONAL RESPONDENTS 26

& 27 IN WP(C):

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

2 DISTRICT MEDICAL OFFICER, ERNAKULAM.

3 CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) AND CONVENOR, STATE LEVEL EMPOWERED COMMITTEE, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

4 DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION, KODANAD, PIN-683 544

BY SPL. GOVT. PLEADER (FOREST) SRI.NAGARAJ NARAYANAN,

RESPONDENTS/PETITIONERS 1 TO 6 IN WP(C)/RESPONDENTS 1, 3, 5 TO 21, ADDITIONAL RESPONDENTS 22 TO 25, 28 TO 35 IN WP(C):

      1      T.K.KURIEN
             T.K. KURIEN,

AGED 65 YEARS,S/O. KOCHUKURU, AGRICULTURIST, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE, PIN-683556

2 T.K. VARGHESE, AGED 70 YEARS S/O. KOCHUKURU, AGRICULTURIST, THURUTHIYIL HOUSE, ALLAPRA P.O, VIA, PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE, PIN-683556

3 SAJAN VARGHESE,

R.P.No.741 of 2020 in WP (C). No.9155 of 2007

AGED 50 YEARS S/O VARGHESE , AGRICULTURIST, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA. PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE.

        4       BABU,
                AGED 58 YEARS

AGRICULTURIST, KANICHAYI HOUSE,, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE, PIN-683556

5 REBY KURIAN, AGED 32 YEARS, S/O. T.K.KURIAN, THURUTHIYIL HOUSE, ALLAPRA P.O, VIA. PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE PIN-683 556

6 T.P. YACOB, AGED 45 YEARS S/O. POULOSE, THURUTHIYIL HOUSE, ALLAPRA P.O, VIA . PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE , PIN-683 556

7 GOVERNMENT OF INDIA, REPRESENTED BY THE SECRETARY BY THE SECRETARY, MINISTRY OF FORESTS AND ENVIRONMENT, CENTRAL SECRETARIAT, NEW DELHI-110011

8 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM- 695 004.

9 VENGOLA GRAMA PANCHAYAT, VENGOLA P.O, REPRESENTED BY ITS SECRETARY, PIN-

                683 556

        10      K.P. ABOOBAKER,

S/O. PAREED, KANAMPURAM HOUSE, VATTAKKATTUPADY, IRINGOLE P.O, VIA-PERUMBAVOR, PIN-683 548

11 P.K. ABOOBAKER, S/O. KUNJEEN PILLAI, PARAYANKUDY HOUSE, PALLIPRAM KARA, MUDICAL P.O, MARAMPILLY VILLAGE, PIN-683

12 ABDUL HAKKEEM, S/O. ABOOBAKER, PARAYANKUDY HOUSE, PALLIPRAM KARA, MUDICAL P.O, MARAMPILLY VILLAGE, PIN-683

R.P.No.741 of 2020 in WP (C). No.9155 of 2007

13 T.M. RAZAK, S/O. MOOSA, THELAMPURAM HOUSE, VENGOLA KARA, VENGOLA VILLAGE, ALLAPRA P.O, PIN-683 556.

14 C.P. ENIKUTTY, S/O. PAREETH, CHIRAKKAKUDY HOUSE, ALLAPRA P.O, PIN-683 556

15 C.M. IBRAHIM, S/O. MEETHIAN, CHIRAKKAKUDY HOUSE, ALLAPRA P.O, PIN-683 556.

16 T.M. ABU, S/O. MOOSA, THELAMPURAM HOUSE, VENGOLA KARA, VENGOLA VILLAGE, ALLAPRA P.O, PIN-683 556

17 C.H. ABOOBAKER CHIRAKKAKUDY HOUSE, ALLAPRA P.O, PIN-683 556.

18 K.E. YOUSUF, KUTTIKKATTUKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, ALLAPRA P.O, PIN-683 556

19 T.M. MAKKAR, S/O. MOOSA, THELAMPURAM HOUSE, ALLAPRA P.O, P IN-

                683 556

        20      C.S. MOIDEEN KUNJU,

S/O. SULAIMAN, CHIRAKKAKUDY HOUSE, ALLAPRA, P.O, PIN-683556

21 SHAHUL HAMEED, S/O. ABDU, CHIRAKKAKUDY HOUSE, ALLAPRA P.O, PIN-

                683 556

        22      UMMER ,

S/O. ABOOBAKER,VELLAKUDY HOUSE VENGOLA VILLAGE, ALLAPRA P.O, PIN-683 556

23 C.A. PAREETH, S/O. ENIKUTTY, CHIRAKKAKUDY HOUSE, VENGOLA VILLAGE, ALLAPRA P.O, PIN-683556

24 C.A. RASHEED, S/O. ENIKUTTY, CHIRAKKAKUDY HOUSE, VENGOLA VILLAGE, ALLAPRA P.O, PIN-683 556

25 T.M. ABDU , S/O. MEETHIAN, CHIRAKKAKUDY HOUSE, ALLAPRA P.O, PIN-683 556

R.P.No.741 of 2020 in WP (C). No.9155 of 2007

26 KHADER PILLA, AGED 35 YEARS, S/O. VEERAN, BUSINESS, THURUTHUMALIYIL HOUSE, ALLAPRA KARA, VENGOLA VILLAGE, PIN-683 556

27 SALIM, AGED 30 YEARS S/O. VEERAN, BUSINESS, THURUTHUMALIYIL HOUSE, ALLAPRA KARA, VENGOLA VILLAGE, PIN-683 556

28 M.A. VEERANKUNJU, AGED 65 YEARS, S/O. ABDUL RAHIMAN, MUKKADA HOUSE, PALLYPRAM KARA, MARAMPILLY VILLAGE, PIN-683 105

29 N. CHANDRAMOHANA KUMAR PROFESSOR, CHEMICAL OCEANOGRAPHIC LABORATORY COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, DEPARTMENT OF CHEMICAL OCEANOGRAPHY SCHOOL OF MARINE SCIENCES, FINE ARTS , AVENUE, COCHIN-16

30 SAW MILL OWNERS AND PLY WOOD MANUFACTURERS ASSOCIATION, REG. NO. ER3/66, CITY ESTATE, PERUMBAVOOR-683 542, REPRESENTED BY ITS SECRETARY.

31 MOHANAN AGED 56 YEARS, S/O. NARAYANAN, SECRETARY , SAW MILL OWNERS AND PLYWOOD MANUFACTURING ASSOCIATION (SOPMA), VENGOLA MEGHALA, ERNAKULAM DISTRICT, PIN-683 556

32 M/S. SREE NARAYANAN WOOD INDUSTRIES , REPRESENTED BY ITS PROPRIETOR-SRI. T.G. SURESH, VALAYANCHIRANGARA, PERUMBAVOOR, PIN-683 556

33 CHANDRIKA FURNITURE, REPRESENTED BY ITS PROPRIETOR V.M. ASHRAF, S/O. V.K. MUHAMMED UNNI, AGED 45, VELLAKKUDI HOUSE, KANDANTHARA, APPAPRA P.O, PERUMBAVOOR, ERNAKULAM, PIN-683 556

34 CHANDRIKA SAW MILL AND INDUSTRIES, REPRESENTED BY ITS PROPREITOR V.M. ASHRAF, S/O. V.K.MUHAMMED UNNI, AGED 45, VELLAKKUDI HOUSE, KANDANTHARA, APPAPRA P.O, PERUMBAVOOR, ERNAKULAM, PIN-683 556

35 VEMKAL WOOD AND METAL INDUSTRIES, REPRESENTED BY ITS PROPRIETOR JOSEPH, S/O.

R.P.No.741 of 2020 in WP (C). No.9155 of 2007

SEBASTIAN, AGED 54, VELLAMARUTHUNGAL HOUSE, KANDANTHARA, ALLAPRA P.O, PERUMBAVOOR, ERNAKULAM, PIN-683 556

36 TAS VINEERS, REPRESENTED BY ITS PROPRIETOR NOORJAHAN, W/O. T.M. ABU, AGED 40, THELAMBRAM HOUSE, KANDANTHARA, ALLAPRA P.O, PERUMBAVOOR, ERNAKULAM, PIN-683 556

37 KUNJUMUHAMMED A.P, PROPRIETOR, M/S.RAZLIN VENEER AND PLYWOOD AMBADAN HOUSE, VALLAM KARA, RAYONPURAM P.O, CHELAMMATTOM VILLAGE-683 543

BY ADV.SRI.T.NAVEEN,SC BY ADV.SRI.ZIRAJ KAROLI, SC BY ADV.SRI.P.VIJAYAKUMAR, ASG OF INDIA

THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.P.No.741 of 2020 in WP (C). No.9155 of 2007

ORDER

A.K.Jayasankaran Nambiar, J.

On a perusal of the averments in the Review Petition, we do not

find any reason to review the judgment dated 08.02.2019 in

WP(C).No.9155 of 2007 and connected cases. We cannot also ignore the

inordinate delay occasioned in filing the Review Petition more so when

the stated ground on which the Review Petition is filed is that there was

a mistaken submission made by the learned counsel at the time of

disposal of the Writ petition. We are of the view that if in fact it was the

recording of a mistaken submission that was to be corrected, the review

Petition ought to have been filed within a reasonable time after receipt of

a copy of the judgment. The ground of mistaken submission raised in the

Review Petition appears to be an afterthought taking note of subsequent

events. We also note that consequent to the impugned judgment, and

acting on the directions issued thereunder, consequential action has also

been taken by various regulatory authorities. For the above reasons, the

Review Petition fails, and is accordingly dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SATHISH NINAN JUDGE

mns/09.02.2021

R.P.No.741 of 2020 in WP (C). No.9155 of 2007

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO. 54/2020/ENVT. DATED 15.06.2020.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE