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Jacob Padinjakkara vs The State Of Kerala
2023 Latest Caselaw 3203 Ker

Citation : 2023 Latest Caselaw 3203 Ker
Judgement Date : 23 March, 2023

Kerala High Court
Jacob Padinjakkara vs The State Of Kerala on 23 March, 2023
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                    WP(C) NO. 14637 OF 2020
PETITIONER:

           JACOB PADINJAKKARA
           AGED 57 YEARS,S/O.LONAPPAN,
           PADINJAKKARA HOUSE, KUTTICAD P.O.,
           KUTTICHIRA VILLAGE, CHALAKKUDY TALUK,
           THRISSUR DISTRICT, PIN-680 724.

           BY ADVS.
           V.SETHUNATH
           SRI.V.R.MANORANJAN (MUVATTUPUZHA)
           JESLIN DOLLY MATHEWS


RESPONDENTS:

    1      THE STATE OF KERALA
           REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

    2      THE STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY,
           DEPARTMENT OF REVENUE, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695 001.

    3      PRINCIPAL SECRETARY TO FOREST
           AND WILDLIFE DEPARTMENT
           GOVERNMENT OF KERALA, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695 001.

    4      STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
           REPRESENTED BY ITS MEMBER SECRETARY,
           PALLIMUKKU, PETTAH P.O.,
           THIRUVANANTHAPURAM, PIN-695 024.
   W.P(C).14637/2020
                              2

    5      STATE POLICE CHIEF (LAW AND ORDER)
           POLICE HEAD QUARTERS,
           THIRUVANANTHAPURAM, PIN-695 001.

    6      THE DIRECTOR OF MINING AND GEOLOGY
           DEPARTMENT OF MINING AND GEOLOGY,
           PATTOM P.O., THIRUVANANTHAPURAM-695 004.

    7      THE SECRETARY TO GOVERNMENT OF INDIA
           MINISTRY OF ENVIRONMENT FOREST AND CLIMATE
           CHANGE, GOVERNMENT OF INDIA,
           INDIRA PARYAVARAN BHAVAN,
           JORAG ROAD, NEW DELHI-110 003.

    8      THE SECRETARY TO GOVERNMENT OF INDIA
           MINISTRY OF MINES AND GEOLOGY,
           GOVERNMENT OF INDIA, NEW DELHI-110 003.

    9      DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION
           P.M.G CENTRE, THIRUVANANTHAPURAM-695 001.

          BY ADV
          SHRI.M.P.SREEKRISHNAN, SC, SEIAA AND SEIAA


OTHER PRESENT:

           BY ADV.
           SRI. OBEID FOR PETITIONER;
           SRI. NAGARAJ NARAYANAN SPL. GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
        W.P(C).14637/2020
                                            3


                                   JUDGMENT

Dated this the 23rd day of March, 2023

S. Manikumar, CJ.

Petitioner has sought for the following reliefs:

"i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to stop the illegal quarrying within the 10 kms of National Parks and sanctuaries in Kerala;

ii)To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2 nd respondent to follow Exhibit P9 guidelines issued by Ministry of Environment and Forest (Wildlife Division) dated 9.2.2001 in F.No.1- 9/2007WL-I(pt) for declaration of Eco-Sensitive Zones within 10 kms of National Parks and Sanctuaries afresh."

2. On this day, when the matter came up for hearing, learned

counsel for the petitioner submitted that prayers sought for in the

writ petition have become infructuous.

Placing on record the above submission, writ petition is

dismissed as infructuous

Sd/-

S. Manikumar, Chief Justice

Sd/-

Murali Purushothaman, Judge sou.

 
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