BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to challenge Ext.P5 order passed by the Government concerning the location of a fishing harbour at Parappanangadi. Mainly it is pointed out that the finalisation of the location goes against the findings in the reports, Exts.P1 and P2 by the fourth respondent herein.

(2.) Heard learned Senior Counsel for the petitioner Shri K. Jayakumar, learned Asst. Solicitor General and learned Senior Government Pleader, Shri C.S. Manilal The petitioner's case, as argued by the learned Senior Counsel, is that the fourth respondent had conducted a model study for the purpose of development of the fishing harbourr. It can be seen from Ext.P1 that the site at Alungal which is the one among the two suggested sites, was not considered suitable as it is near submerged rocks. In Ext.P1 technical report, the said site is shown as Fig. 2(A).

(3.) The other site is at Chappappadi which is shown as Fig.2(B). It is submitted that due to political pressure, a further report has been called for as per Ext.P2 and suggestions have been made to locate the fishing harbour towards northward by about 900 metres from the layout suggested in Ext.P1, which is one of the options and the other option is to shift the Harbour northward by about 400 metres from the layout suggested in Ext.P1 and to divert a drain towards south of the southern breakwater to meet the sea at about 300 m from the southern breakwater.