Radhakrishnan vs State Of Kerala
2024 Latest Caselaw 14247 Ker

Kerala High Court

Radhakrishnan vs State Of Kerala on 29 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
          Wednesday, the 29th day of May 2024 / 8th Jyaishta, 1946
                             WA NO. 1915 OF 2023
     AGAINST JUDGMENT DATED 21.09.2023 IN WP(C) 1367/2023 OF THIS COURT
APPELLANT(S)/PETITIONER:

     RADHAKRISHNAN, AGED 74 YEARS, S/O.KUNJIRAMA KURUP, KUNIYIL HOUSE,
     HOUSE NO.26, RAGHAVAN COLONY, ASHOK NAGAR, CHENNAI, PIN - 600083

BY ADVS.M/S.V.HARISH & RAJAN VISHNURAJ

RESPONDENT(S)/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
     REVENUE AND DISASTER MANAGEMENT, SECRETARIAT, TRIVANDRUM, PIN -
     695001
  2. STATE DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS MEMBER
     SECRETARY, VIKAS BHAVAN, P.O, NANTHANCODU, TRIVANDRUM, PIN - 695033
  3. DISTRICT DISASTER MANAGEMENT AUTHORITY WAYANAD COLLECTORATE,
     KALPATTA, WAYANAD, PIN - 676020
  4. THE DISTRICT COLLECTOR & CHAIRMAN, DISTRICT DISASTER MANAGEMENT
     AUTHORITY WAYANAD, COLLECTORATE, KALPATTA, WAYANAD, PIN - 673122
  5. THE SECRETARY, VYTHIRI GRAMA PANCHAYAT, VYTHIRI P.O, WAYANAD, PIN -
     676576

BY GOVERNMENT PLEADER FOR R1 TO R4.

SHRI MANOJ RAMASWAMY, STANDING COUNSEL FOR R5.

     This Writ appeal coming on for orders on 29/05/2024 along with
connected cases upon perusing the appeal memorandum, the court on the same
day passed the following:
                           A.J.DESAI, C.J.
                                 &
                           V.G.ARUN, J.
                =========================
             W.A. Nos. 1915 of 2023, 603 & 664 of 2024
                =========================
               Dated this the 29th day of May, 2024

                                ORDER

A.J.DESAI, CJ.

Having gone through the judgments impugned in W.A.Nos.603

of 2024 and 1915 of 2023 and the order passed by the District

Collector as well as Sections 18, 20, 25, 30 and 31 of the Disaster

Management Act, 2005, at this stage, we pass the following order;

The Chief Secretary, who is the Chairperson (ex-officio) of the

State Executive Committee of the State Disaster Management

Authority, shall file a counter before this Court and shall state:

(i) whether it is dangerous to permit the original petitioners to

carry out mining and construction activities in the subject properties

and (ii) whether the State Disaster Management Authority can review

or recall the order passed by the District Disaster Management

Authority.

W.A. Nos. 1915 of 2023, 603 & 664 of 2024

The affidavit, as directed, shall be filed before the next date of

hearing.

Post on 07.06.2024.

H/0.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

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29-05-2024 /True Copy/ Assistant Registrar