MANAKUNNAM VILLAGE PADASEKHARA SAMRAKSHANA SAMITHI, KANDANAD Vs. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Common grievance involved in these writ petitions, stated as filed in public interest, is in respect of the alleged illegal reclamation of paddy land/wet land, mostly lying water logged, for commercial activity in connection with setting up of a resort involving Crores of rupees, causing much environmental hazards and damage to the eco-system, adversely affecting the free flow of water, blocking water channels joining the backwater (Vembanadu Kayal) bordering the northern boundary of the property in question; that too, in violation of the Coastal Zone Regulations.

(2.) It is contended that illegal reclamation and construction activities are being pursued, based on the orders/clearance obtained without revealing the actual facts and figures and also without obtaining any sanction from the Ministry of the Environmental and Forest, Government of India in terms of the Coastal Zone Regulation Notification 1999. It is asserted from the part of the petitioners that the reclamation and construction is within the 'No Development Area' in the Coastal Regulation Zone, i.e. within the prohibited distance from the High Tide Line. It is also alleged that, because of the activities being pursued for making use of the paddy land for other purposes, the peaceful living of the nearby inhabitants has been quite adversely affected, causing water logging in the area and affecting their means of livelihood, who eke out their living as agricultural labourers, and hence the challenge.

(3.) Petitioner is the same in W.P.(C) No. 18742 of 2007 and W.P.(C) No. 17861 of 2009, which is a 'Padhasekhara Samrakshaka Samithi'; whereas the petitioners in the other case i.e. are stated as the nearby residents/affected persons, also styling themselves as public spirited persons. All these petitions are filed as the 'Public Interested Litigation' and the disputed activity is being pursued by the respondent company.