Kerala High Court
Pollution Control Club & Nature Club, ... vs The Executive Engineer, Periyar Valley ... on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 1981 OF 2016
PETITIONER:
POLLUTION CONTROL CLUB & NATURE CLUB,
M.A.COLLEGE, KOTHAMANGALAM
PIN-686691, REPRESENTED BY ITS SECRETARY, DR.
M.M.JOSEPH.
BY ADVS.
SRI.C.DILIP
SRI.R.PRADEEP
RESPONDENTS:
1 THE EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION
PROJECT (PVIP), PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN-683542.
2 THE ASSISTANT ENGINEER
PERIYAR VALLEY IRRIGATION PROJECT (PVIP), SECTION
1/1, BHOOTHATHANKETTU, KOTHAMANGALAM, PIN-686691.
3 THE SECRETARY, KERALA STATE BIO DIVERSITY BOARD,
L-14, JAI NAGAR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN-685011.
BY ADVS.
SRI.RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1981 of 2016
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 1981 of 2016
------------------------------------------------------
Dated this the 11th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
"a) Issue a writ of mandamus or any other
writ, order or direction directing respondent No. 1
& 2 to take effective steps against using their
leased land in Bhoothathankettu in Kothamangalam
Taluk (Between Jenda No. 260-270) for commercial
purpose.
b) Issue a writ of mandamus or any other
writ, order or direction directing respondent No. 3
to take effective steps to stop the commercial
activities affecting biological diversity, in the landed
property let out by the Periyar Valley Irrigation
Project in Bhoothathankettu in Kothamangalam
Taluk (Between Jenda No. 260- 270).
c) Issue other appropriate writ, order or
direction which this Hon'ble court may deem fit to
issue and the petitioner may pray from time to
time."[SIC]
2. This Writ petition is pending before this
Court from 2016 onwards. No interim order is
passed in this case. If there is any surviving
grievance to the petitioner, the petitioner is free to
approach the competent authority among the
respondents with appropriate representation and if
such a representation is received, the competent
authority will consider the same in accordance with
law, with notice to the petitioner.
With the above observation, this Writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 1981/2016
PETITIONER EXHIBITS
EXHIBIT P1- TRUE PHOTOCOPY OF
CERTIFICATE OF REGISTRATION DATED
22-12-2005 OF THE PETITIONER
SOCIETY.
EXHIBIT P2- TRUE COPY OF LEASE
AGREEMENT DATED 24-11-2014 EXECUTED
BETWEEN PETITIONER AND PVIP.
EXHIBIT P3- TRUE PHOTOCOPY OF THE
REPORT OF THIRD RESPONDENT ALONG
WITH LETTER DATED 26-11-2014
ADDRESSED TO THE PETITIONER.
EXHIBIT P4- TRUE PHOTOCOPY OF LIST
OF TREES PLANTED AND PRESERVED BY
THE PETITIONER IN THE PROPERTY.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
