IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 14^TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943 WP(C) NO. 24055 OF 2019 PETITIONERS:

1 HARIHARAN P., AGED 57 YEARS, S/O.KRISHNAN NAIR, POOVACHERY HOUSE, VATTATHUVAYAL, VADUVANCHAL P.O., WAYANAD, PIN - 673 581.

2 MUJEEB P.T., AGED 43 YEARS, S/O.HAMSA, PADIKKATHODI HOUSE, RIPPON (P.O.), MEPPADI, WAYANAD, PIN - 673 577.

3 JAIMON JOSEPH, AGED 38 YEARS, S/O.JOSEPH, PUTHENPURA HOUSE, ALATTIL (P.O.), WAYNAD, PIN - 670 644.

4 SYAM KRISHNAN KURUP, AGED 39 YEARS, S/O.A.V.KRISHNA KURUP, EDAKKANATTU HOUSE, MARARIKKULAM NORTH, ALAPPUZHA DISTRICT.

BY ADVS.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH RESPONDENTS:

1 DISTRICT COLLECTOR, DISTRICT DISASTER MANAGEMENT AUTHORITY, WAYANAD, PIN- 673 122.

2 REVENUE DIVISIONAL OFFICER, MANANTHAVADY, WAYANAD DISTRICT, PIN - 670 645.

3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

4 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MEENANGADI, WAYANAD DISTRICT, PIN - 673 591.

5 SUPERINTENDENT OF POLICE, PUTHOOR VAYAL, KALPETTA, WAYANAD DISTRICT, PIN - 673 121.

6 REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, KALPETTA, WAYANAD DISTRICT, PIN - 673 122.

7 DIVISIONAL FOREST OFFICER, WILDLIFE DIVISION, SULTHANBATHERY, WAYANAD DISTRICT, PIN - 673 592.

8 DIVISIONAL FOREST OFFICER, MANANTHAVADY, NORTH WAYANAD, PIN - 670 645.

9 DIVISIONAL FOREST OFFICER, KALPETTA, PIN - 673 121, SOUTH WAYANAD, PIN - 673 121.

BY ADV.SRI.TEKCHAND, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 14^th day of March 2022 S.MANIKUMAR, C.J.

In this public interest litigation, the main concern raised by the petitioners, residents of Wayanad district, is with respect to the frequent landslides and landslips occurring in the Wayanad district, allegedly on account of the large scale excavation by the unregulated use of excavators.

2. Reliefs sought for in the writ petition are as follows:

a) issue a writ of mandamus directing the first respondent to forthwith enforce and implement Ext.P3 draft guidelines.

b) issue a writ of mandamus to direct the respondents to follow Ext.P3 guidelines and take action against any person or companies or firms found violating the Ext.P3 guidelines after implementation.

3. Sri.Madhu Radhakrishnan, learned counsel for the petitioners referred to the draft guidelines (Ext.P3) formulated in a proceeding of the District Disaster Management Authority, Wayanad and the failure of the authorities to implement those guidelines to prevent avoidable landslides, in the vulnerable district. The petitioner has also referred to the circular dated 21.8.2019 (Ext.P4) of the Director, Mining and Geology to point out that the soil excavation activities (which were ordered to be stopped on account of the heavy rainfall), is now permitted and therefore, the petitioners seek direction to the authorities, for regulating the activities of the earth movers/excavators, in Wayanad district. 4. Heard learned counsel for the parties and perused the materials on record. Pleadings disclose that the guidelines referred to by the petitioner are draft guidelines.

5. Proceedings of the Chairman and District Collector, District Disaster Management Authority, Wayanad district is produced as Exts.P3 & R1(a), which is reproduced hereunder:

Proceedings of Chairman and District Collector, District Disaster Management Authority, Wayanad (Present: Sri.Keshvendra Kumar, IAS)

File No. DCWYD/167/2016-DEOC DATED /08/2016 Sub: Empanelment of earthmovers-issuing of Guidelines-reg.

The Guidelines for operating earthmovers of excavators in Wayanad district are issued as stated hereunder.

1. Moving or removing earth from any land in Wayanad district with an earthmover or excavator should strictly follow all the existing rules and regulations. Any