WP(C) No. 6668 of 2021

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 13[TH] DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943** ## **WP(C) NO. 6668 OF 2021** ## **PETITIONER/S:** - **1 SUNDARA RAJAN .P AGED 63 YEARS S/O. KRISHNAN, PAMBALATH HOUSE, MUNDUPARAMBA P.O, MALAPPURAM DISTRICT PIN 676 509** - **2 RAJESH T. DIVAKARAN, AGED 45 YEARS** **S/O. DIVAKARAN, NO. 6, AL-AMEEN APARTMENTS, OPPOSITE AMANA TOYOTA, GAZZALI NAGAR, PANANGANGARA, RAMAPURAM P.O, MALAPPURAM DISTRICT PIN 679 321** **3 MAMBRA RAFEEQUE, MAMBRA HOUSE, THAMARAKUZHI ROAD, UP HILL P.O, MALAPPURAM DISTRICT PIN 676 505** **BY ADVS. DAISY A.PHILIPOSE SRI.JAI GEORGE** ## **RESPONDENT/S:** - **1 THE DISTRICT COLLECTOR CIVIL STATION, MALAPPURAM DISTRICT, PIN 676 605** - **2 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,** **CIVIL STATION, UP HILL P.O, MALAPPURAM DISTRICT, PIN 676 605 REPRESENTED BY ITS CHAIRPERSON.** - **3 THE ASSISTANT CONSERVATOR OF FORESTS, SOCIAL FORESTRY DIVISION, CIVIL STATION, UP HILL P.O, MALAPPURAM DISTRICT, PIN 676 605** **WP(C) NO. 6668 OF 2021** **2** **4 MALAPPURAM MUNICIPALITY, BUS STAND ROAD, DOWN HILL, MALAPPURAM 676 505, REPRESENTED BY ITS SECRETARY** - **5 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CIVIL STATION, MALAPPURAM DISTRICT, PIN 676 605** ## **BY ADV GOVERNMENT PLEADER** **SRI. T.P. SAJAN, SPL. GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 6668 OF 2021** **3** ## **P.V.KUNHIKRISHNAN, J.** ## **=================== WP(C) No. 6668 OF 2021 =================== Dated this the 13[th] day of September 2021** ## **J U D G M E N T** ## The above writ petition is filed with the following ## prayers; _“ i. Issue a writ of mandamus directing the respondents No.1 and 2. not to cut the trees, growing in the civil station compound, Malappuram, for construction for new buildings._ _ii. Issue a writ of mandamus directing the respondents No.1 to 4, to plant equal number of trees which have been destroyed for the construction of warehouse in the civil station compound, Malappuram, immediately_ _iii. issue a writ of mandamus directing the respondents No.1 not to undertake further construction activities in the Civil Station Compound, without assessing the environment impact as to the vulnerability of the land for future landslides._ _iv. Issue a writ of mandamus directing the respondents no.1 to provide proper drainage in the Civil Station Compound, before the next rainy season._ **WP(C) NO. 6668 OF 2021** **4** _v. Issue a writ of mandamus directing the respondents 4 to carry out immediate census of the existing trees in the public lands and to take effective action to protect the remaining trees, within the Municipal limits._ _vi. Grant such other relief's that are deemed fit and proper to this Honorable court in the interest of justice..”_ 2. The petitioners are aggrieved because of the indiscriminate way in which healthy trees growing in the Malappuram civil station compound are cut and removed. According to the petitioners, the Malappuram civil station is at the crest of the Cantonment Hill which is prone to landslides. There was a landslide at Kottakkunnu, which is hardly about 2 kilometers away from the civil station compound. The 3[rd] petitioner is living in the bottom of the said hill. The 5[th] respondent had cut and removed 13 huge trees growing in the civil station compound, Malappuram for constructing a warehouse. The petitioners apprehend danger if the tree cutting continued in this way. Hence, this **WP(C) NO. 6668 OF 2021** **5** writ petition is filed. 3. Heard the learned Counsel for the petitioners and the learned Special Government Pleader (forest). 4. The learned counsel for the petitioners reiterated their contentions in the writ petition and also submitted that, small buildings are constructed by the respondents at different places and under the guise of construction, they cut and remove trees from the government property and it will affect the ecology itself. 5. The learned Special Government Pleader (forest) submitted that, the proposal is only to construct a warehouse in 10 cents of land. The learned Special Government Pleader (forest) also submitted that, the building will be in 5 cents. The learned Special Government Pleader (forest) submitted that, if trees are cut and removed for the construction, the respondents will plant equal number of trees at the alternative places. The learned Special Government Pleader (forest) also takes me **WP(C) NO. 6668 OF 2021** **6** ## through paragraphs 6 and 7 in the counter affidavit, which is extracted hereunder; “ 6. It is submitted that the Social forestry Division, Malappuram will plant trees in the compound of collectorate, Malappuram in all available space during the coming planting season. In future, the tree committee will be convened properly and the felling of trees in the compound of collectroate will not be entertained as far as possible. 7. It is submitted that the land allotted to the Social Forestry Division, Malappuram is not in a land slide prone area, but will take all precautions to avoid such calamities during the time of construction. Moreover, there no land slide has happened in the Collectorate compound. The area Kottakune, where the landslide occurred is far away from the Collectorate.” 6. After hearing both sides, I think, the grievance of the petitioners is to be addressed by the 2[nd] respondent, after giving an opportunity of hearing to the petitioners. All apprehensions of the petitioners are to be ruled out and the officials should take appropriate steps narrated in paragraph 6 & 7 of the affidavit of Additional Chief Conservator of Social Forestry to avoid any casualties in **WP(C) NO. 6668 OF 2021** **7** future. I don't want to make any further observations about the merit of the case. The 2[nd] respondent will consider the grievance of the petitioners after giving notice to the 3[rd] respondent also. There can be a time frame also for the same. Therefore, this writ petition is disposed in the following manner; 1. The 2[nd] respondent will consider the grievance raised by the petitioners in this writ petition, after giving an opportunity of hearing to the petitioners and the 3[rd] respondent, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of the judgment. The 2[nd] respondent will prepare a proceedings after the hearing and serve the same to the petitioners. 2. The petitioners will produce a copy of the judgment along with a copy of this writ petition before the 2[nd] respondent. **WP(C) NO. 6668 OF 2021** **8** 4. All the contentions of the petitioners in this writ petition are left open and the petitioners are free to raise all those contentions before the 2[nd] respondent. **(Sd/-) P.V.KUNHIKRISHNAN** **JUDGE** LU **WP(C) NO. 6668 OF 2021** **9** ## **APPENDIX OF WP(C) 6668/2021** **PETITIONER EXHIBITS** **EXHIBIT P1** **TRUE PHOTOGRAPHS OF THE TREE STUMPS IN THE CIVIL STATION COMPOUND MALAPPURAM** - **EXHIBIT P2** **A TRUE COPY OF LETTER DATED 22-10-2020 ISSUED TO THE PETITIONERS 1 AND 2, WITH ITS TRANSLATION** - **EXHIBIT P3** - **A TRUE COPY OF REPRESENTATION DATED 4-12-2020 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT WITH ITS POSTAL RECEIPT** - **EXHIBIT P4** - **A TRUE COPY OF REPRESENTATION DATED 4-12-2020 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 2ND RESPONDENT WITH ITS POSTAL RECEIPT** - **EXHIBIT P5** **A TRUE COPY OF G.O(RT) NO. 68/2010/F AND WLD DATED 10-02-2010** - **EXHIBIT P6** **TRUE PHOTOGRAPH OF THE PROPOSED SITE FOR SOCIAL FORESTRY DIVISION COMPLEX IN THE CIVIL STATION COMPOUND, MALAPPURAM** **WP(C) NO. 6668 OF 2021** **10** ## **RESPONDENTS EXHIBITS** **ANNEXURE R3(A) TRUE COPY OF SITE PLAN ANNEXURE R3(B) TRUE COPY OF THE ENUMERATION DETAILS OF TREES ANNEXURE R3(C) TRUE COPY OF THE SKETCH** **// True Copy // PA To Judge**