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2013 Supreme(Ker) 163

MANJULA CHELLUR, K.VINOD CHANDRAN
T. B. Manoharan – Appellant
Versus
Government of India, Represented By Ministry of Oil & Natural Gas – Respondent


Advocates Appeared:
For the Appellants:A.X. Varghese, A.V. Jojo, Advocates.
For the Respondents:R1, Abraham Thomas, CGC R3 to R5, E.K. Nandakumar, A.K. Jayasankar Nambiar, K. John Mathai, P. Benny Thomas, Anil D. Nair, R7 to R15, Majnu Komath, Shahin M. Komath, Advocates, R2 to R6, P.I. Davis, Government Pleader, P. Parameswaran Nair, Asst.Solicitor.

Judgment :-

Manjula Chellur, C.J.

1. These two Writ Appeals are filed against the common judgment in W.P(C).No. 29611 of 2007. The writ petitioners approached the learned Single Judge contending, their livelihood is taken away by declaring the seashore in Puthuvypu as Special Economic Zone, resulting in prohibition to enter the said area. According to the writ petitioners, they are eking out their livelihood right from 1976 onwards by mining shells from the Arabian seashore in and around Puthuvypu. After declaring the said area as a Special Economic Zone, the impending work of Liquefied Natural Gas (LNG) has started for the purpose of construction of a berth. With this construction of berth for LNG, no space would be available for the petitioners to place their mined seashells on the shore which results in total deprivation of their livelihood. The action of the respondents putting up berth and plants on the shores of Arabian Sea would come in the way of livelihood of the petitioners, therefore, it is unconstitutional, unjust and is against the principles of public law, is the contention of the writ petitioners. This results in infringement of fundamental rights guaranteed under Art






































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