Kerala High Court
Aayiravalli Para Samrakshana Samithi vs State Of Kerala on 5 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 18389 OF 2024
PETITIONER:
AAYIRAVALLI PARA SAMRAKSHANA SAMITHI
REPRESENTED BY ITS CHAIRMAN NISSAMUDEEN S/O ASANARUPILLAI,
AGED 46 YEARS NISA MANZIL MULAMOODU, PANAVUR P.O.
NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695568
BY ADV S.SOUMYA ISSAC
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT COLLECTOR
2 ND FLOOR, CIVIL STATION BUILDING COLLECTORATE,
KUDAPPANAKUNNU THIRUVANANTHAPURAM., PIN - 695004
3 GEOLOGIST
DIRECTORATE OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM
PALACE P.O THIRUVANANTHAPURAM ., PIN - 695004
4 THE MANAGING DIRECTOR,ADANI VIZHINJAM PORT PRIVATE LTD
VIZHINJAM THIRUVANANTHAPURAM KERALA, PIN - 695521
5 THE SECRETARY
PANAVOOR GRAMA PANCHAYATH PANAVOOR P.O NEDUMANGAD
THIRUVANANTHAPURAM KERALA, PIN - 695568
BY ADVS.
ROSHEN D. ALEXANDER
TINA ALEX THOMAS(K/000532/2004)
HARIMOHAN(K/000327/2018)
KOCHURANI JAMES(K/003502/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.06.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18389 OF 2024
2
JUDGMENT
(Dated this the 5th day of June, 2024)
A.MUHAMED MUSTAQUE (J)
This public interest litigation is filed by 'Aayiravalli Para
Samrakshana Samithi', Nedumangad, which is not a registered
Society. So far, no public interest litigation has been filed by the
petitioner and no pro bono service has been rendered by the
petitioner. This is the first time, the petitioner comes with a
public interest litigation challenging Ext.P1 communication
issued by the Principal Secretary of Government to District
Collector, Thiruvananthapuram. By this communication, the
Government had directed District Collector to give necessary
direction to the Tahsildar, Nedumangad to demarcate approach
road to a quarry site from the main road. This is to enable
quarrying operation for the purpose of 'Adani Vizhinjam Port
Private Limited (AVPPL) as the concessionaire.
2. It appears that a No-Objection Certificate has been
issued by the District Collector and the process is drawn for
obtaining environmental clearance under the mining laws for
quarrying in the land referred in Ext.P1 communication.
WP(C) NO. 18389 OF 2024
3. We do not understand, what is the public interest litigation
involved in this matter. If there is any ecological impact or any
environmental hazards likely to be faced by the locals, that can
be addressed through the procedure prescribed. We have serious
doubt about the bona fides of the petition.
Further, substantial issue related to environmental clearance
can only be espoused before the National Green Tribunal. We
are refrained from imposing costs in this matter, as it is coming
for the first time for admission.
We dismiss this public interest litigation as in limine.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
rp
WP(C) NO. 18389 OF 2024
APPENDIX OF WP(C) 18389/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE GOVERNMENT SANCTION LETTER DATED
31.01.2024.
Exhibit P2 THE REPRESENTATION FILED BY THE PETITIONER TO THE
SECRETARY OF PANAVOOR GRAMA PANCHAYATH ALONG WITH THE
COUNTER SIGN OF THE RESIDENTS AND THE RECEIPT AND ENGLISH
TRANSLATION DATED ON 15.03.2024.
Exhibit P3 THE REPRESENTATION FILED BY THE PETITIONER TO THE CHIEF
SECRETARY OF KERALA GOVERNMENT AND RECEIPT DATED ON
31.01.2024 ALONG WITH ENGLISH TRANSLATION.
Exhibit P4 THE REPRESENTATION FILED BY THE PETITIONER TO THE
DISTRICT COLLECTOR AND THE RECEIPT DATED ON 18.03.2024
ALONG WITH ENGLISH TRANSLATION.
Exhibit P5 THE REPRESENTATION FILED BY THE PETITIONER TO THE
GEOLOGIST AND THE REPRESENTATION WITH THE SIGNATURE OF
GEOLOGIST AND FILE NUMBER DATED ON 18.03.2024 ALONG WITH
ENGLISH TRANSLATION.
Exhibit P6 THE IMAGES OF AYIRAVALLY ROCK.
