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2013 Supreme(Online)(KER) 29314

HIGH COURT OF KERALA
MANJULA CHELLUR, CJ, K VINOD CHANDRAN, J
MANOHARAN.T.B. – Appellant
Versus
GOVT.OF INDIA – Respondent


Advocates:
SRI.A.X.VARGHESE, SRI.A.V.JOJO, SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.ANIL D. NAIR, SRI.ABRAHAM THOMAS, CGC, SRI.MAJNU KOMATH, SRI.SHAHIN.M.KOMATH, SRI.P.I.DAVIS, SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR

JUDGMENT

Manjula Chellur, C.J.

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 WA.2865/07 & 238/08 2 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 guara

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