Thankachan v. Government of Kerala & Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR`** ``` & ``` ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** # **`MONDAY, THE 13[TH] DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 WP(C) NO. 2097 OF 2023`** ## **`PETITIONER:`** ``` THANKACHAN AGED 52 YEARS, S/O. LATE SEBASTIAN, MUNHANATTU(H), NOOLPUZHA P.O., SULTHAN BATHERY, WAYANAD DISTRICT, KERALA, PIN – 673 592. ``` ``` BY SRI. THANKACHAN (Party-In-Person) ``` ## **`RESPONDENTS:`** - `1 THE GOVERNMENT OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.` - `2 THE DEPARTMENT OF FOREST REPRESENTED BY THE PRINCIPAL SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.` - `3 THE DEPARTMENT OF FOREST AND ENVIRONMENT REPRESENTED BY THE SECRETARY, CENTRAL GOVERNMENT SECRETARIAT, NEW DELHI, PIN – 110 001.` - `4 THE STATE FOREST CHIEF FOREST HEADQUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM, PIN – 695 036.` ``` 5THE NATIONAL TIGER CONSERVATION AUTHORITY REPRESENTED BY THE MEMBER SECRETARY TO THE AUTHORITY, B-1 WING, 7TH FLOOR, PT. DEEN DAYAL, ANTYODAYA BHAVAN, NEW DELHI, PIN – 110 003. ``` ``` SRI.C.E. UNNIKRISHNAN, SPL. GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C)No.2097 of 2023** **2** ## **JUDGMENT** Dated this the 13[th ] day of February, 2023 ## **S.Manikumar, C.J.** In this writ petition, Mr. Thankachan, party-in-person, sought for the following reliefs: - “1) So, it is most humbly prayed that the Hon'ble Court may kindly be pleased to consider this Writ Petition (C)as a Public Interested Litigation under Article 226 of the Constitution of India. - 2) It is also most humbly prayed that the Hon'ble Court may kindly be pleased to examin Constitutional, Environmental, social,developmental and economical aspects in relation to the ESZ (Ecosensitive zone) - 3) It is further prayed that the Hon'ble Court may kindly be pleased to issue appropriate writ, order or direction to the respondent to stop all the activities in relation to ESZ in the state of Kerala, by convincing the fact that the same is unconstitutional under Article 14, 19(1)e, 19(1)g, 21 and also violates Natural Justice. - 4) It is also humbly prayed that Hon'ble Court may kindly be pleased to evaluate the fact that the ESZ will cause to bring great environmental problem in the State. **W.P.(C)No.2097 of 2023** **3** 5) It is further humbly prayed that the Hon'ble Court may kindly be pleased to issue appropriate writ or order or direction to the respondents (a) to increase the quality of the forests (b) to stop man-wild encounter (c) to introduce programmes to protect farmers, as it being the first environmental protection activity which is needed in Kerala (d) to control the killer- plants and trees in the Nilgiri Biosphere Reserve (e) to introduce and start environmental protection programme for the cities, ie, the most affected areas where the environmental ruin can be seen in its apex level in the world and (f) to separate the forest from human occupied areas permanently.” 2. On this day, when the matter is taken up, Mr.C.E. Unnikrishnan, learned Special Government Pleader, submitted that pursuant to the decision in **Pragnesh Shah v. Dr. Arun Kumar Sharma & Others** reported in (2022) 11 SCC 493, State of Kerala has filed an interlocutory application. He further submitted that citizens have also been given an opportunity to submit their views regarding eco-sensitive zone; that the State Government have directed the local bodies to submit some details; that the collection of materials and **4** ## **W.P.(C)No.2097 of 2023** submission of the report to the Hon’ble Supreme Court are underway. In the above circumstances, he submitted that if the party-in-person submits a detailed representation in respect of the activities in eco-sensitive zone in Kerala, the same would be considered by the Principal Secretary to the Government, Department of Forest, Thiruvananthapuram, respondent No.2. 3. Mr.Thankachan, party-in-person, submitted that he is not pressing the reliefs sought for. However, he submitted that a detailed representation by him would be submitted within five days from today for consideration. Submission of Mr. Thankachan, party-in-person, is placed on record. 4. Having regard to the above, we permit Mr.Thankachan, party-in-person, to submit a representation setting out the details to the Principal Secretary to the Government, Department of Forest, Thiruvananthapuram, respondent No.2, with supporting materials and on receipt of the same, the said authority is directed to consider the same and pass appropriate orders within 15 days thereafter, in accordance **5** ## **W.P.(C)No.2097 of 2023** with law. Accordingly, writ petition is disposed of. Pending interlocutory applications, if any, shall stand closed. Sd/- **S.Manikumar Chief Justice** Sd/- **Murali Purushothaman** **Judge** **vpv** **W.P.(C)No.2097 of 2023** **6** ## **`APPENDIX OF WP(C) 2097/2023`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1 TRUE COPY OF THE NEWS ITEM BY MADHYAMAM DAILY, ON KATTIPARA LAND SLIDING (15/6/18), WITH ENGLISH TRANSLATION.` - `Exhibit P2 TRUE COPY THE OF RTI ACT REPLY FROM FOREST HEAD QUARTERS ON MONEY SPENT FOR SOCIAL FORESTRY ACTIVITIES TO THE PETITIONER (4//4/18) WITH ENGLISH TRANSLATION.` - `Exhibit P3 TRUE COPY OF THE NEWS ITEM BY MADHYAMAM DAILY, ON KILLER TREE IE MANHAKONNA (29/6/18) WITH ENGLISH TRANSLATION.` - `Exhibit P4 TRUE COPY OF THE RTI ACT APPLICATION GIVEN TO THE FOREST DEPARTMENT BY THE PETITIONER, TO GET INFORMATION OR REPLY ON KILLER PLANTS (5/2/18), WITH ENGLISH TRANSLATION.` - `Exhibit P5 TRUE COPY OF THE RTI ACT APPLICATION SEEKING INFORMATION ON KILLER PLANTS IN THE FOREST(7/5/18) GIVEN BY THE PETITIONER TO THE DFO OFFICE SULTHAN BETHERY WITH ENGLISH TRANSLATION.` - `Exhibit P6 TRUE COPY OF THE W(4)3620/18 NUMBER RTI ACT REPLY(18/5/18) FROM DFO OFFICE, TO THE PETITIONER WITH ENGLISH TRANSLATION.` - `Exhibit P7 TRUE COPY OF THE NEWS ITEM PUBLISHED BY KERALA KAUMUDI DAILY, ON WILD ANIMAL'S ATTACK(4//7/18) WITH ENGLISH TRANSLATION.` - `Exhibit P8 TRUE COPY OF NEWS ITEM BY MADHYAMAM DAILY, ON WILD ANIMAL'S ATTACK(4//6/18) WITH ENGLISH TRANSLATION.` - `Exhibit P9 TRUE COPY OF NEWS ITEM PUBLISHED BY MATHRUBHUMI DAILY, ON WILD ANIMALS ATTACK(17/4/18) WITH ENGLISH TRANSLATION.` **7** ## **W.P.(C)No.2097 of 2023** ``` Exhibit P10TRUE COPY OF NEWS ITEM PUBLISHED BY MALAYALA MANORAMA DAILY, THAT 51 PERSONS WERE KILLED IN ELEPHANT'S ATTACK WITHIN 12 YEARS IN WAYANAD DISTRICT(19/1/18) WITH ENGLISH TRANSLATION. Exhibit P11TRUE COPY OF THE NEWS ITEM PUBLISHED BY MALAYALA MANORAMA DAILY, THAT THE VILLAGERS ARE IN TERROR(7/6/18) WITH ENGLISH TRANSLATION. Exhibit P12TRUE COPY OF THE NEWS ITEM PUBLISHED BY DESABHIMANI DAILY, ON ELEPHANT'S ATTACK ON AGRICULTURE LANDS(7/2/18) WITH ENGLISH TRANSLATION. Exhibit P13THE TRUE COPY OF THE RELEVANT PORTION, AS TRANSLATED TO ENGLISH, OF THE BOOK WRITTEN AND PUBLISHED BY ME IN THE NAME 'LOKA SAMADHANAM VIKASANAM PARISTHITHI.'(PEACE DEVELOPMENT AND ENVIRONMENT). Exhibit P14THE TRUE COPY OF THE RTI ACT REPLY BEARING NUMBER WL 10- 13867/18 DATED 03/04/2018 RECEIVED BY ME FROM THE FOREST HEADQUARTERS (WITH ENGLISH TRANSLATION). Exhibit P15TRUE COPY OF THE RTI ACT APPLICATION GIVEN BY SRI RAJU VAZHAKKALA AND REPLY BEARING NUMBER KFDHQ/4114/CWW/WL- 10, DATED 13/09/2022 FROM THE OFFICE OF THE MINISTER FOR FOREST AND WILDLIFE, (WITH ENGLISH TRANSLATION). Exhibit P16A TRUE COPY OF THE APPLICATION FILED BY SRI RAJU AND THE REPLY RECEIVED UNDER RTI ACT FROM THE OFFICE OF THE MINISTER FOR FOREST AND WILDLIFE BEARING NUMBER KFDHQ/146/ 2023/CWW/WL-10 DATED 19/01/2023. Exhibit P17A TRUE COPY OF THE RTI ACT APPLICATION AND REPLY FROM THE SULTAN BATHERY MUNICIPALITY, BEARING NUMBER G3-2826/23 DATED 30/01/2023. ``` **8** ## **W.P.(C)No.2097 of 2023** ``` Exhibit P18A TRUE COPY OF THE APPLICATION AND REPLY RECEIVED BY MR. BABY FROM PULPALLY GRAMA PANCHAYATH, BEARING NUMBER: 401010/GGRI12/GRO/2023/1635/(1) DATED 06/02/2023 (WITH ENGLISH TRANSLATION). Exhibit P19A TRUE COPY OF THE RTI ACT APPLICATION AND DETAILS FURNISHED BY THE NOOLPUZHA GRAMA PANCHAYATH, BEARING NUMBER 401008/GGRIO9/GENERAL/2023/1227/(1) DATED 07.02.2023, AND SENT TO ME VIA EMAIL (WITH ENGLISH TRANSLATION). ``` ``` Exhibit P20THE TRUE COPY THE RTI ACT APPLICATION GIVEN BY ME TO THE WILDLIFE WARDEN'S OFFICE, WAYANAD WILDLIFE SANCTUARY, SULTHAN BATHERY DATED 30/01/2023. ``` ``` Exhibit P21THE TRUE COPY THE RTI ACT APPLICATION GIVEN BY ME TO THE OFFICE OF NORTH WAYANAD FOREST DIVISION MANANTHAVADY, ON THE MAN AND THE REPLY BEARING NUMBER G-659/2023 DATED 04/02/2023. ``` - `Exhibit P22 TRUE COPY OF THE RTI ACT APPLICATION DATED 31/01/2023 GIVEN BY ME TO THE OFFICE OF THE SOUTH WAYANAD FOREST DIVISION KALPETTA.` //TRUE COPY// P.A. TO JUDGE