LAWS(KER)-2017-8-86

T.N.ASHOK KUMAR Vs. THE DISTRICT COLLECTOR

Decided On August 08, 2017
T.N.Ashok Kumar Appellant
V/S
THE DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The petitioner is aggrieved with Ext.P10 order passed by the District Collector as Chairman of the District Disaster Management Authority, directing the closure of the resort carried on by the petitioner in the land owned by the petitioner located within the Pallivasal Village in Idukki District.

(2.) I have heard the learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General appearing for the State.

(3.) The first order issued by the District Collector is Ext.P8 which was occasioned for reason of a land slide, resulting in a huge boulder landing on the petitioner's parking area, crushing three vehicles and endangering the life of a driver; who escaped by a hair's breadth. The District Collector, based his order on a report of the Central Earth Science Studies (CESS) bringing the area within the Multiple Hazards Zonation Map prepared for the villages coming within the Idukki district. On the said incident occurring, the District Collector had issued Ext.P8 by which the resort housing tourists was directed to be shut down for reason of apprehension of further land slides causing danger to life and limb of the tourists, staff and other persons frequenting the resort premises. There was also a direction given to remove employees of an estate housed in the settlements which lie lower to the resort.