Manzoor B.H vs The Districr Collector
2024 Latest Caselaw 15843 Ker

Kerala High Court

Manzoor B.H vs The Districr Collector on 6 June, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                        WP(C) NO. 7448 OF 2024
PETITIONER:

          MANZOOR B.H
          AGED 46 YEARS, MANZOOR.B.H,
          S/O.HASSN [LATE], FLAT NO.D2,
          GALAXY ESTATE PEEDIYEKKAL ROAD,
          NORTH P.O. ERNAKULAM, PIN - 682018

          BY ADV DAISY A.PHILIPOSE



RESPONDENTS:

    1     THE DISTRICR COLLECTOR
          COLLECTORATE, CIVIL STATION,
          KAKKANAD-P.O., ERNAKULAM, PIN - 682030

    2     THE ASSISTANT CONSERVATOR OF FORESTS SOCIAL FORESTRY
          OFFICE OF ASSISTANT CONSERVATOR OF
          FORESTS SOCIAL FORESTRY
          MANIMALA ROAD, EDAPPALLY.P.O.
          ERNAKULAM, PIN - 682024

    3     THE COCHIN CORPORATION
          REPRESENTED BY ITS SECRETARY,
          PARK AVE RD, MARINE DRIVE, KOCHI,
          ERNAKULAM, KERALA, PIN - 682011

          BY ADV K. JANARDHANA SHENOY

          SRI. NAGARAJ NARAYANAN. SPL. GOVT. PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7448 OF 2024
                                      2



                                T.R. RAVI, J.
                 --------------------------------------------
                          W.P.(C). No.7448 of 2024
                  --------------------------------------------
                    Dated this the 6th day of June, 2024

                                JUDGMENT

An additional affidavit has been filed by the 2 nd respondent,

wherein it is stated that instead of cutting 59 trees for the purpose of

putting up constructions, the concerned authorities have decided to

shift one of the buildings which was proposed to another location and

reduced the cutting of trees to 6 numbers as specified in paragraph 7 of

the affidavit. It is also stated that existing buildings will be demolished

and that place will also be utilised for the purpose of planting more

trees and for landscaping. It is further stated that the existing green

space could be further enriched biologically by planting some more

endemic and RET (Rare, Endangered, Threatened) species. The

affidavit is taken on record. Since the apprehension expressed in the

writ petition has been laid at rest, no further orders are required in this

writ petition.

The writ petition is closed directing the respondents to act as

stated in the additional affidavit. Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 7448 OF 2024

APPENDIX OF WP(C) 7448/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE NEWS REPORT PUBLISHED IN "HINDU DAILY" ON 23/2/2024,

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.[C].

NO.20393 OF 2018 DATED 30/9/2021

EXHIBIT P3 A TRUE COPY OF JUDGMENT IN WA.NO.1505 OF 2010 DATED 16/9/2010

EXHIBIT P4 A TRUE COPY OF CIRCULAR NO. 5320/E3/2010/F-

WLD DATED 21/1/2011

RESPONDENTS' ANNEXURES

ANNEXURER2(A) TRUE COPY OF THE CHART DATED NIL PREPARED BY EXPERTS DR. T K KUHAMU AND DR.P SURJANAPAL