MUNEER M Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner claims to be the Chairman of Chakkuvally Shudha Jala Chira Samrakshana Action Council. According to the petitioner, Chakkuvally Chira, a lake, situated around 15 hecters of land spread over two Panchayaths viz., the Poruvazhy Grama Panchayath, Kollam, 6th respondent and the Sooranadu South Grama Panchayat, Kollam, 7th respondent. The people residing in the nearby area of the said lake are using water for their domestic purpose and for several years, they are demanding allocation of funds for the preservation of this water body.

(2.) According to the petitioner, for the purpose of protection and preservation of Chakkuvally Chira, petitioner had approached the authorities and at the intervention of the District Panchayat, Kollam, funds were allocated and in certain areas, boundary walls were constructed and shutters were installed. The above stated water body is the life line of fifty thousand families located around the lake. Even during summer season also it is because of the existence of this lake, the people are getting drinking water in their domestic wells and number of families are using water for their domestic purposes. Hence, petitioner submitted that, respondent is duty bound to take necessary action, and Chakkuvally chira shall be declared as buffer zone to protect the water body as in the case of Ext.P2 order dated 24.8.2019 issued by the District Collector, Kollam, 2nd respondent, to protect Sasthamcotta lake.

(3.) Petitioner has submitted Ext.P3 representation before the District Collector, Kollam, for declaring the 300 meters around Chakkuvally chira as buffer zone catchment area; that no activities causing pollution be permitted in the area and also to protect the Chakkuvally chira as a source of water to the people in the area. Petitioner has also submitted Ext.P11 representation to the Secretary, Poruvazhy Grama panchayat, Kollam, 6 th respondent, with regard to the non-implementation of the guidelines issued by the Ministry of Environment and Forest, New Delhi and Ext.P12 representation to the Secretary, Sooranadu Grama Panchayat, Kollam, 7th respondent, seeking the very same relief. It is in the above said background, petitioner has filed this public interest writ petition for the following prayers: