LAWS(MAD)-2023-1-444

R. VINOTH Vs. ADDITIONAL CHIEF SECRETARY

Decided On January 23, 2023
R. Vinoth Appellant
V/S
ADDITIONAL CHIEF SECRETARY Respondents

JUDGEMENT

(1.) We have heard the learned counsel appearing on either side and also perused the materials available on record.

(2.) The Nature has gifted us with several resources like water, forests, mountains, land and wildlife, the existence of which is essential for the survival of the Earth s fragile ecosystems. There is a scientific purpose behind such creation or formation. The existence of one resource is related to the existence of the other, in turn, the survival of the humanity. Any disturbance in this delicate balance has repercussions, one can never expect with its effects vexing generations together. Our Constitution enjoins a duty not only on the State but also on every individual to protect the environment. Therefore, protection and preservation of the environment is paramount consideration.

(3.) The petitioner has come up with this writ petition as a Public Interest Litigation seeking to issue a writ of Mandamus directing the respondents to consider his representation dtd. 7/10/2022 and take action against those, who have set up the illegal artificial private waterfalls by diverting the natural falls in their property, demolish the same and restore the original flow of the stream, river and rivulet in the fragile Western Ghats ecosystem.