Sundara Rajan .P vs The District Collector
2021 Latest Caselaw 19045 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                         WP(C) NO. 6668 OF 2021
PETITIONER/S:

     1     SUNDARA RAJAN .P
           AGED 63 YEARS
           S/O. KRISHNAN, PAMBALATH HOUSE,
           MUNDUPARAMBA P.O,
           MALAPPURAM DISTRICT PIN 676 509

     2     RAJESH T. DIVAKARAN,
           AGED 45 YEARS
           S/O. DIVAKARAN, NO. 6, AL-AMEEN APARTMENTS,
           OPPOSITE AMANA TOYOTA, GAZZALI NAGAR,
           PANANGANGARA, RAMAPURAM P.O,
           MALAPPURAM DISTRICT PIN 679 321

     3     MAMBRA RAFEEQUE,
           MAMBRA HOUSE, THAMARAKUZHI ROAD,
           UP HILL P.O, MALAPPURAM DISTRICT PIN 676 505

           BY ADVS.
           DAISY A.PHILIPOSE
           SRI.JAI GEORGE



RESPONDENT/S:

     1     THE DISTRICT COLLECTOR
           CIVIL STATION,
           MALAPPURAM DISTRICT, PIN 676 605

     2     THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
           CIVIL STATION, UP HILL P.O,
           MALAPPURAM DISTRICT, PIN 676 605
           REPRESENTED BY ITS CHAIRPERSON.

     3     THE ASSISTANT CONSERVATOR OF FORESTS,
           SOCIAL FORESTRY DIVISION, CIVIL STATION,
           UP HILL P.O, MALAPPURAM DISTRICT, PIN 676 605
 WP(C) NO. 6668 OF 2021
                                   2



    4          MALAPPURAM MUNICIPALITY,
               BUS STAND ROAD, DOWN HILL,
               MALAPPURAM 676 505,
               REPRESENTED BY ITS SECRETARY

    5          THE EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT, CIVIL STATION,
               MALAPPURAM DISTRICT, PIN 676 605

               BY ADV GOVERNMENT PLEADER

                       SRI. T.P. SAJAN, SPL. GP

        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   13.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 6668 OF 2021
                               3



            P.V.KUNHIKRISHNAN, J.
         ===================
            WP(C) No. 6668 OF 2021
         ===================
  Dated this the 13th day of September 2021


                     JUDGMENT

The above writ petition is filed with the following

prayers;

" i. Issue a writ of mandamus directing the respondents No.1 and 2. not to cut the trees, growing in the civil station compound, Malappuram, for construction for new buildings.

ii. Issue a writ of mandamus directing the respondents No.1 to 4, to plant equal number of trees which have been destroyed for the construction of warehouse in the civil station compound, Malappuram, immediately

iii. issue a writ of mandamus directing the respondents No.1 not to undertake further construction activities in the Civil Station Compound, without assessing the environment impact as to the vulnerability of the land for future landslides.

iv. Issue a writ of mandamus directing the respondents no.1 to provide proper drainage in the Civil Station Compound, before the next rainy season.

WP(C) NO. 6668 OF 2021

v. Issue a writ of mandamus directing the respondents 4 to carry out immediate census of the existing trees in the public lands and to take effective action to protect the remaining trees, within the Municipal limits.

vi. Grant such other relief's that are deemed fit and proper to this Honorable court in the interest of justice.."

2. The petitioners are aggrieved because of the

indiscriminate way in which healthy trees growing in the

Malappuram civil station compound are cut and removed.

According to the petitioners, the Malappuram civil station

is at the crest of the Cantonment Hill which is prone to

landslides. There was a landslide at Kottakkunnu, which is

hardly about 2 kilometers away from the civil station

compound. The 3rd petitioner is living in the bottom of the

said hill. The 5th respondent had cut and removed 13 huge

trees growing in the civil station compound, Malappuram

for constructing a warehouse. The petitioners apprehend

danger if the tree cutting continued in this way. Hence, this WP(C) NO. 6668 OF 2021

writ petition is filed.

3. Heard the learned Counsel for the petitioners

and the learned Special Government Pleader (forest).

4. The learned counsel for the petitioners reiterated

their contentions in the writ petition and also submitted

that, small buildings are constructed by the respondents at

different places and under the guise of construction, they

cut and remove trees from the government property and it

will affect the ecology itself.

5. The learned Special Government Pleader (forest)

submitted that, the proposal is only to construct a

warehouse in 10 cents of land. The learned Special

Government Pleader (forest) also submitted that, the

building will be in 5 cents. The learned Special Government

Pleader (forest) submitted that, if trees are cut and

removed for the construction, the respondents will plant

equal number of trees at the alternative places. The

learned Special Government Pleader (forest) also takes me WP(C) NO. 6668 OF 2021

through paragraphs 6 and 7 in the counter affidavit, which

is extracted hereunder;

" 6. It is submitted that the Social forestry Division, Malappuram will plant trees in the compound of collectorate, Malappuram in all available space during the coming planting season. In future, the tree committee will be convened properly and the felling of trees in the compound of collectroate will not be entertained as far as possible.

7. It is submitted that the land allotted to the Social Forestry Division, Malappuram is not in a land slide prone area, but will take all precautions to avoid such calamities during the time of construction. Moreover, there no land slide has happened in the Collectorate compound. The area Kottakune, where the landslide occurred is far away from the Collectorate."

6. After hearing both sides, I think, the grievance

of the petitioners is to be addressed by the 2 nd respondent,

after giving an opportunity of hearing to the petitioners. All

apprehensions of the petitioners are to be ruled out and

the officials should take appropriate steps narrated in

paragraph 6 & 7 of the affidavit of Additional Chief

Conservator of Social Forestry to avoid any casualties in WP(C) NO. 6668 OF 2021

future. I don't want to make any further observations

about the merit of the case. The 2nd respondent will

consider the grievance of the petitioners after giving notice

to the 3rd respondent also. There can be a time frame also

for the same.

Therefore, this writ petition is disposed in the

following manner;

1. The 2nd respondent will consider the grievance

raised by the petitioners in this writ petition, after giving

an opportunity of hearing to the petitioners and the 3rd

respondent, as expeditiously as possible, at any rate,

within three weeks from the date of receipt of a copy of

the judgment. The 2nd respondent will prepare a

proceedings after the hearing and serve the same to the

petitioners.

2. The petitioners will produce a copy of the

judgment along with a copy of this writ petition before the

2nd respondent.

WP(C) NO. 6668 OF 2021

4. All the contentions of the petitioners in this writ

petition are left open and the petitioners are free to raise

all those contentions before the 2nd respondent.

(Sd/-) P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 6668 OF 2021

APPENDIX OF WP(C) 6668/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOGRAPHS OF THE TREE STUMPS IN THE CIVIL STATION COMPOUND MALAPPURAM

EXHIBIT P2 A TRUE COPY OF LETTER DATED 22-10-2020 ISSUED TO THE PETITIONERS 1 AND 2, WITH ITS TRANSLATION

EXHIBIT P3 A TRUE COPY OF REPRESENTATION DATED 4-12-2020 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT WITH ITS POSTAL RECEIPT

EXHIBIT P4 A TRUE COPY OF REPRESENTATION DATED 4-12-2020 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 2ND RESPONDENT WITH ITS POSTAL RECEIPT

EXHIBIT P5 A TRUE COPY OF G.O(RT) NO. 68/2010/F AND WLD DATED 10-02-2010

EXHIBIT P6 TRUE PHOTOGRAPH OF THE PROPOSED SITE FOR SOCIAL FORESTRY DIVISION COMPLEX IN THE CIVIL STATION COMPOUND, MALAPPURAM WP(C) NO. 6668 OF 2021

RESPONDENTS EXHIBITS

ANNEXURE R3(A) TRUE COPY OF SITE PLAN

ANNEXURE R3(B) TRUE COPY OF THE ENUMERATION DETAILS OF TREES

ANNEXURE R3(C) TRUE COPY OF THE SKETCH

// True Copy // PA To Judge