Kerala High Court
Suo Motu vs State Of Kerala on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
WP(C) NO. 41341 OF 2017(S)
PETITIONER:
SUO MOTU
WPC 41341/2017(S) CONVERTED AS SUO MOTU AS PER ORDER DATED 05/01/2022 IN WPC
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, FISHERIES AND PORT
DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. THE MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE,
REPRESENTED BY ITS DIRECTOR, INDIRA PARYAVARAN BHAVAN,JORBAGH
ROAD, NEW DELHI - 110 003.
3. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS
MEMBER SECRETARY,SASTHRA BHAVAN, PATTOM P.O.,THIRUVANANTHAPURAM -
695 004.
4. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS
ENVIRONMENTAL ENGINEER,RUBCO HOUSE, 6TH FLOOR, SOUTH BAZAR,CIVIL
STATION, KANNUR - 670 002.
* R5 IS REPLACED AND SUO MOTU IMPLEADED
1. KERALA STATE MARITIME BOARD, REGIONAL OFFICE, VALIYATHURA,
VALLAKKADAVU, THIRUVANANTHAPURAM-695 008.
* RESPONDENT NO. 5 IS SUO MOTU IMPLEADED IN PLACE OF EARLIER RESPONDENT
NO.5(THE DIRECTOR OF PORTS, OFFICE OF THE DIRECTOR OF PORTS, VALIYATHURA,
VALLAKKADAVU (P.O.), THIRUVANANTHAPURAM-695 008.)AS PER ORDER DATED 20.07.2021 IN
WP(C).
6.THE PORT CONSERVATOR ,PORT OFFICE, AZHEEKKAL PORT,KANNUR - 670 009.
**ADDL. R7 TO R20 IMPLEADED
7.MATTOOL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY
8.PAPPINISSERI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY
9.AZHIKODE GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY
10.VALAPATANAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY
11.PRESIDENT, PAPPINISSERY KETTIDA NIRMANA THOZHILALI KSHEMA
SAHAKARANA SANGAM LTD. NO.C-1939.
12.NIYAS. M., S/O.MUSSAN KUTTY
MARAYANKANDI HOUSE,KOLACHERY, PATTAYAM, KANNUR-670 601.
13.MOHANAN T.V ,T.V. HOUSE, MATTOOL NORTH P.O
14.K.P. JAFFAR KARAKKAD, PUTHIYAPURAYIL, MANKADAVU.
15.FAROOQ P.P. HIRA, P.O. THANA, NEAR MANIKKAKAVU.
16.ANEESH KUMAR. P. SREEPURAM, MOONU NIRATH, P.O. AZHIKODE.
17.SAJITH K.P. KAKKANPARAMBATH, MOONU NIRATH,P.O.AZHIKODE.
18.JAFFAR K.P. S/O.ABDURAHIMAN,
KARAKKAT PUTHIYAPURAYIL,P.O. AAROLI, PAPPINISSERI.
19.MUHAMMAD SHAHJAHAN V.N.
S/O.AMIR,VATTAKANDI NADUVILE PURAYIL, P.O. PAPPINISSERI.
20.ANAS T.P. S/O. AMIR ALI. C.T.,
M.T. HOUSE, K KANNAPURAM P.O., CHERUKUNNU.
**ADDL. R7 TO R20 ARE IMPLEADED AS PER ORDER DATED 05/01/2022 IN WPC.
Writ Petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be pleased
to direct the fourth respondent to prohibit all sand purification units seen
in Exhibit P7 photographs established by the side of Valapattanam river
causing pollution to the portable wells in the locality, pending disposal of
the Writ Petition.
This petition again coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C), this court's Judgment dated
04/03/2022 and upon hearing the arguments of SRI. V.TEKCHAND, SENIOR
GOVERNMENT PLEADER for R1 & R6, SRI.S.BIJU, CENTRAL GOVERNMENT COUNSEL for R2,
SRI.M.P.PRAKASH, STANDING COUNSEL for R3, SRI.T.NAVEEN, STANDING COUNSEL for
R4, SRI.K.P. SUDHEER, STANDING COUNSEL & SMT.ANJALY MENON, Advocates for R5,
M/S. BRIJESH MOHAN & R. RAJPRADEEP, Advocates for R7, SRI. P.M. PAREETH,
Advocates for R8 & R9, SRI. MUHAMMAD SHAFI. M, Advocates for R10, M/S P.U.
SHAILAJAN and NIDHEESH.T, Advocates for R11 TO R14,R16,R18,19 & R20, SRI.JOBY
JOSE KONDODY, AMICUS CURIAE, the court passed the following:-
P.T.O
W.P.(C).No.41341 of 2017 1
S. MANIKUMAR, CJ & SHAJI P.CHALY, J
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W.P.© No.41341 of 2017
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Dated this the 30th day of March, 2023
ORDER
S.MANIKUMAR, CJ.
On this day, when the matter came up for hearing, on the basis of the letter
dated 3rd March, 2023 of the National Centre for Earth Science Studies,
Thiruvananthapuram, addressed to the Chief Executive Officer, Kerala Maritime
Board, Thiruvananthapuram, Mr.Prakash.M.P. - learned Standing Counsel for the
Coastal Zone Management Authority, submitted that the documents sought for by
the National Centre for Earth Science Studies, Thiruvananthapuram, in its letter
dated 3rd March, 2023, have to be furnished to the said authority and after a
detailed study, report has to be submitted to the Kerala Coastal Zone
Management Authority for considering the aspect of environmental clearance.
2. Submission of Mr.Prakash.M.P. - the learned Standing Counsel for the
Kerala Coastal Zone Management Authority is placed on record.
3. However, Mr. K.P.Sudheer - learned Standing Counsel for Kerala State
Maritime Board, Thiruvananthapuram, submitted that the study report has
already been submitted before the State Government.
4. The National Centre for Earth Science Studies, Ministry of Earth Sciences,
Government of India, requires certain documents for the purpose of preparation
of CRZ status report and map for the proposed manual dredging of sand from
Valapattanam river for Azhikkal Port, Kannur District. The same have to be
submitted by the Chief Engineer, Kerala Maritime Board, Thiruvananthapuram.
5. The letter of the National Centre for Earth Science Studies, Ministry of
Earth Sciences, Government of India, Thiruvananthapuram, addressed to the
Chief Executive Officer, Kerala Maritime Board, Thiruvananthapuram, dated 3rd
March, 2023, shall be treated as part of record.
6. For the preparation of CRZ status report and maps, the National Centre
for Earth Science Studies, Thiruvananthapuram requires the following
documents:
1. Cadastral map (Resurvey/old survey) of the surrounding area of the project
site with the project area marked. (Resurvey maps are required for this purpose
since the Kadavu areas have resurvey no: as per the details provided by Kerala
Maritime Board).
2. Project layout (dredging area in Valapattanam river along with Kadavu
locations, sand filtering unit, etc.) in CD preferably in Auto CAD format and
hardcopy of the project layout signed by the project proponent.
3. Brief project report (stating the need of the project, etc.) from the project
proponent.
4. Our office received a KML file with location coordinates for 12 Kadavu (ref.6),
but the other details are not furnished.
5. The coordinates of the dredging area limit in the Valapattanam river are not
provided.
7. As observed supra, the above documents have to be submitted by the
Kerala Maritime Board, Thiruvananthapuram. Thereafter, KRZ report and maps
have to be prepared and the same to be submitted to the Kerala Coastal Zone
Management Authority, for clearance.
8. It is the submission of the learned Standing Counsel appearing for
Mr.K.P.Sudheer, that the above documents as requested by the National Centre
for Earth Science Studies, Thiruvananthapuram, have already been submitted
and survey conducted. If that be so, the National Centre for Earth Science
Studies, Thiruvananthapuram is directed to finalise the CRZ status report and
map and forward the same to the Kerala Coastal Zone Management Authority -
respondent No.3, who shall consider the documents and pass appropriate orders
for environmental clearance.
9. The Pollution Control Board - respondent No.4, is directed to consider the
application, if any, given for consent to establish and operate, in accordance with
the statutory provisions.
With the above directions, no further report is called for.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
30-03-2023 /True Copy/ Assistant Registrar
