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2015 Supreme(Ker) 1279

ASHOK BHUSHAN, A.M.SHAFFIQUE
Nature Lovers Forum – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Daisy A. Philipose, Adv.
For the Respondents: C.S. Manilal, Senior Government Pleader.

JUDGMENT :

Ashok Bhushan, J.

1. These three Writ Petitions, filed as public interest litigation, challenge the Notification dated 05.10.2015 (published in the Kerala Gazette Extraordinary dated 06.10.2015) by which proviso to Rule 12 of the Kerala Minor Mineral Concession Rules, 2015 has been inserted. Petitioners prays that the said proviso to Rule 12 inserted as per the aforesaid Notification be declared as ultra vires. Some other reliefs have also been claimed in W.P(C) Nos. 33463 and 8531 of 2015 which shall be referred to hereinafter. In W.P.(C) No. 34463 of 2015 counter affidavit has been filed on behalf of the State which has been adopted in the other two Writ Petitions by memo filed on behalf of the State of Kerala. Writ Petition No. 34463 of 2015 is being treated as the leading case.

2. Brief facts of the case as emerged from the pleadings of the parties are as follows:

W.P. (C) No. 34463 of 2015 (Nature Lovers' Forum, Thiruvananthapuram v. State of Kerala and Others):

3. Petitioner, a voluntary organization, registered under the Travancore-Cochin Scientific, Literary and Charitable Societies Act, 1955, in this Writ Petition has raised an environmental issue affecting public in






























































































































































































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