Kerala High Court
Gangadharan vs The Kerala State Biodiversity Board on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 16212 OF 2024
PETITIONERS:
1 GANGADHARAN
AGED 74 YEARS
S/O, RAMAN, KIZHAKETHIL PUTHANVEEDU, VALIYODE P.O.,
ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
PIN - 691520
2 BALAKRISHNAN
AGED 70 YEARS
S/O RAMAN, MANGALASSERY THAZHATHIL HOUSE, VALIYODE
P.O., ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM
DISTRICT, PIN - 691520
3 THANKAMONY
AGED 55 YEARS
D/O, BHARGHAVI MADHAVAN, KIZHAKETHIL PUTHANVEEDU,
VALIYODE P.O., ELAMADU VILLAGE, KOTTARAKKARA TALUK,
CHEPRA, KOLLAM DISTRICT, PIN - 691520
4 SANTOSH KUMAR
AGED 54 YEARS
S/O. KARTHIKEYAN, CHAITHANYA, VALIYODE P.O., ELAMADU
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
PIN - 691520
BY ADV T.R.RAJAN
RESPONDENTS:
1 THE KERALA STATE BIODIVERSITY BOARD
KAILASAM, T.C. 24/3219, NO. 43, BELHAVEN GARDENS,
KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT REPRESENTED
BY ITS MEMBER SECRETARY., PIN - 695003
2 BIODIVERSITY MANAGEMENT COMMITTEE,
ELAMADU GRAMA PANCHAYATH REPRESENTED BY ITS CHAIRMAN
AND PRESIDENT, ELAMADU GRAMA PANCHAYATH, ELAMADU KOLLAM
DISTRICT, PIN - 691533
3 THE ELAMADU GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, ELAMADU KOLLAM DISTRICT,
PIN - 691533
4 THE SECRETARY
ELAMADU GRAMA PANCHAYATH, ELAMADU KOLLAM DISTRICT.,
PIN - 691533
5 THE VILLAGE OFFICER
ELAMADU VILLAGE OFFICE, ELAMADU KOLLAM DISTRICT,
W.P.(C).No. 16212 of 2024
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PIN - 691533
6 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
TALUK OFFICE COMPOUND, KOLLAM, PIN - 691001
7 CHANDRAMTHI
CHARUVILAPUTHANVEEDU, VALIYODE P.O., ELAMADU
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
PIN - 691520
8 USHA.S VISWANATHAN
CHARUVILAPUTHANVEEDU, NETTAYAM P.O. VELINELLOOR
VILLAGE, KOLLAM DISTRICT, PIN - 691537
9 ZIYAD
THAVAKAL HOUSE, KARALIKONAM. ARKANNUR P.O.ELAMADU
VILLAGE, KOLLAM DISTRICT, PIN - 691533
10 THE MANAGING DIRECTOR
SHIVALAYA CONSTRUCTION CO. PVT. LTD, PLOT NO.
137, AVTAR ENCLAVE, PASCHIM VIHAR, NEW DELHI,
DELHI, PIN - 110063
11 THE STATION HOUSE OFFICER
CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT,
PIN - 691534
BY ADV Sasith M R
OTHER PRESENT:
SHRI.T. NAVEEN,(SC for R1 & R2)
SHRI.M.R.SASITH, (SC for R3 & R4)
AJITH VISWANATHAN- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No. 16212 of 2024
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J U D G M E N T
Dated this the 23rd day of May, 2024
The only relief which is pressed before this Court
by the petitioner is for a direction to consider
Ext.P4 application by the 1st respondent. Having
regard to the limited relief sought for, notice to
the party respondents 7 to 10 are dispensed with.
Adv.Naveen T., learned Standing Counsel takes
notice for respondents 1 and 2. Adv.M.R. Sarith,
learned Standing Counsel takes notice for
respondents 3 & 4/Grama Panchayath. Sri.Ajith
Viswanathan, Learned Government Pleader takes
notice for respondents 5, 6 and 11.
2. Having heard the learned counsel for the afore
referred parties, this Court directs the 1st
respondent to consider and pass orders in Ext.P4
representation in accordance with law, within a
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period of one month from today (23.05.2024). The
petitioner will produce a copy of this judgment
before the 1st respondent/Board. Needless to say
that, while taking such decision the 1st respondent
shall hear the petitioner, as well as, respondents
7 to 10, the affected parties.
The Writ Petition (Civil) is disposed of, as
above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
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APPENDIX OF WP(C) 16212/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED
18/10/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED
15/11/2023 OF THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ELAMADU TO THE 4TH
PETITIONER
Exhibit P3 TRUE COPY OF THE REPORT DATED 26/8/2023
OF THE 5TH RESPONDENT TO THE 6TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE PETITION DATED NIL
SUBMITTED BY THE PETITIONERS BEFORE THE
1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE PETITION DATED
22/8/2023 SUBMITTED BY THE 1ST AND 4TH
PETITIONERS BEFORE THE 6TH RESPONDENT
Exhibit P6 TRUE COPY OF THE COMMUNICATION AND
REPORT DATED 28/2/2024 OF THE 2ND
RESPONDENT TO THE 1ST RESPONDENT
