N O DEVASSY Vs. DISTRICT MAGISTRATE (DISTRICT COLLECTOR)

JUDGEMENT

(1.) The petitioner claims to be "an ardent environmentalist and the State Vice President of Kissan Janatha" and he filed this writ petition challenging Exts.P6 and P9 which are orders of the third respondent Geologist, Wayanad and that of the first respondent District Magistrate, Wayanad respectively, whereunder a No Objection Certificate has been issued to the fifth respondent to commence construction for the purpose of a petroleum outlet that the latter proposes to start.

(2.) The petitioner's allegation primarily appears to be that the proposed petroleum outlet is to be constructed on a topographically sloping terrain at Wayanad and that for the purpose of levelling the area in question, large amount of excavation would be required. According to him if any such activity is permitted, it will cause depredation of the natural lie and nature of the land and that it will entail long term damage to the terrain. He relies on Ext.P1 order of the National Green Tribunal, Chennai, wherein it appears that a certain Sri.P.Chathukutty had approached it with an allegation that on account of the proposed petroleum outlets in the District of Wayanad, attempts had been made by individuals to cause large scale destruction to the nature and topography of the said area. The National Green Tribunal in Ext.P1 after consideration of all the factors present before it, issued the following directions:

(3.) We have heard the learned Senior counsel Sri.George Thomas Mevada instructed by Sri.K.Praveen Kumar, learned counsel appearing for the petitioner; the learned standing counsel appearing for the fourth respondent and the learned Government Pleader appearing for respondents 1, 2, 3 and 6.