Kerala High Court
Sajeev Sebastian vs Union Of India on 5 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WP(C) NO. 29810 OF 2024 1
2024:KER:67376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 29810 OF 2024
PETITIONER/S:
1 SAJEEV SEBASTIAN
AGED 49 YEARS
S/O SEBASTIAN, KONDATTUPARAMBIL HOUSE,
SHANTHANPARA, PUTHADY PO, RAJAPPARA, IDUKKI
DISTRICT, PIN - 685619
2 KANNADAS P
AGED 51 YEARS
S/O LATE PAZHANIMALA,
17/267 KADAMKURISSI, MUTHALAMADA-II, PALAKKAD
DISTRICT, PIN - 678507
BY ADVS.
V.HARISH
RAJAN VISHNURAJ
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FORESTS AND CLIMATE CHANGE,
INDIRA PARYAVARNA BHAWAN,
JORBAGH ROAD, NEW DELHI, PIN - 110003
WP(C) NO. 29810 OF 2024 2
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2 THE SECRETARY
MINISTRY OF ENVIRONMENT,
FORESTS AND CLIMATE CHANGE INDIRA PARYAVARNA
BHAWAN, JORBAGH ROAD,
NEW DELHI, PIN - 110003
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF ENVIRONMENT,
GOVERNMENT SECRETARIAT,
STATUE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695001
BY SRI.K.P.HARISH, SR.GOVERNMENT PLEADER
SRI.T.C.KRISHNA, CENTRAL PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 29810 OF 2024 3
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JUDGMENT
A.Muhamed Mustaque, Acg.C.J.
This public interest litigation was filed seeking the
following reliefs;
"i. Issue a writ of mandamus or any other
appropriate writ, order or direction to the respondents to
make available translated copies of Ext.P1 draft
notification across the State in the official regional
language of the State of Kerala and upload the same on
its official websites along with Annexure-A1;
ii. Issue a writ of mandamus or any other
appropriate writ, order or direction to the 1 st and 2nd
respondents to extend the notice period to the public for
filing their objections to Exhibit-P1 Notification for a
further period of two months from the date of publishing
of Malayalam translations in the website;
iii. Petitioner may be permitted to dispense
with the filing of the translations of the documents in the
vernacular language in the interest of justice;
iv. Issue such other appropriate writ, direction
or order as this Hon'ble Court deems fit and proper in
the nature and circumstances of the case may require,
including costs."
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2. The Ministry of Environment, Forests and
Climate Change of the Central Government issued a
notification in English on 02.08.2024. This notification is
issued to invite objections and suggestions on the proposal
outlined in the draft notification and for the consideration of
the Central Government within the period specified by the
Secretary to the Ministry of Environment, Forests and Climate
Change. The last date is 01.10.2024.
3. The learned Senior Government Pleader would
submit that, without a Malayalam version, the notification
would serve no purpose. The learned Senior Government
Pleader further drew attention to the judgment in R.P.No.975
of 2020 in W.P.(C)No.18798 of 2020, where this Court
directed Malayalam version of the draft notification.
4. The purpose of issuing the notification is to
invite objections and allow the local public to participate in the
consideration of the Central Government's proposal. The very
purpose of inviting objections would be defeated, if the
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notification is not published in Malayalam, the local language
familiar to the area where the notification is intended to
apply. We find merit in this argument.
5. The learned counsel in charge of the Deputy
Solicitor General of India submits that the State Government
will have to provide a translated copy of the notification and is
prepared to publish it. The learned counsel submits that, to
ensure accurate translation, it is appropriate for the State
Government to provide a translated copy of the notification.
6. Considering the facts and circumstances of the
case, we issue the following directions and dispose of this
matter;
The third respondent shall forward translated copies
of Ext.P1 to the first respondent within two weeks from the
date of receipt of a copy of this judgment. Thereafter, the
first respondent shall publish the translated version by giving
sixty days' time to raise objections and proposals from the
date of such publication of the notification.
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With the above directions, this writ petition stands
disposed of.
Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
rkj
2024:KER:67376
APPENDIX OF WP(C) 29810/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE DRAFT
NOTIFICATION DATED 02.08.2024 ISSUED BY
THE 1ST RESPONDENT IN THE OFFICIAL
GAZETTE
Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER DATED
28.01.2021 IN R.P.NO: 975 OF 2020 IN
WP(C) NO: 18798 OF 2020 PASSED BY THIS
HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE JUDGMENT IN 18798 OF
2020 ALONG WITH CCC NO.1796 OF 2021 DATED
21.02.2022
Exhibit P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED
30.06.2020 IN WP(C) NO: 3747 OF 2020
PASSED BY THE HIGH COURT OF DELHI.
Exhibit P5 A TRUE PHOTOCOPY OF THE ORDER DATED
26.11.2021 IN REVIEW PETITION NO.131/2020
IN WP(C) NO: 3747 OF 2020 PASSED BY THE
HIGH COURT OF DELHI.
Exhibit P6 A TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 05.08.2024 PREFERRED BY THE 1ST
PETITIONER BEFORE THE RESPONDENTS
