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

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TH WEDNESDAY, THE 5 DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 WP(C) NO. 11672 OF 2021 PETITIONER:

ALL KERALA RIVER PROTECTION COUNCIL, [REG. NO.1052/98/EKM]

RAMA PRIYA, HIGH ROAD, ALUVA - 683 031, REPRESENTED BY ITS GENERAL SECRETARY, T.V.RAJAN, S/O.APPUTTI, AGED 68 YEARS, SAMSKRITHI, KUTHIRAVATTOM P.O., KOZHIKODE DISTRICT, PIN - 673 016.

BY ADVS.DAISY A.PHILIPOSE JAI GEORGE RESPONDENTS:

1 THE DISTRICT COLLECTOR, COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O., KOZHIKODE, PIN - 673 020.

2 THE TREE COMMITTEE CORPORATION OF KOZHIKODE, OFFICE OF THE CORPORATION OF KOZHIKODE, CALICUT BEACH, NEAR AKASHVANI, KOZHIKODE DISTRICT, PIN - 673 032, REPRESENTED BY ITS CHAIRMAN.

3 THE ASSISTANT CONSERVATOR OF FORESTS SOCIAL FORESTRY DIVISION, VANASREE, MATHOTTAM P.O., KOZHIKODE DISTRICT, PIN - 673 028.

4 THE ASSISTANT EXECUTIVE ENGINEER OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, NORTH SECTION, CIVIL STATION P.O., PIN - 673 001.

BY ADV SHRI.V.KRISHNA MENON, SC, KOZHIKODE MUNICIPAL CORPORATION BY ADV.NAGARAJ NARAYANAN SPL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 5^th day of April, 2023 S.MANIKUMAR, CJ Petitioner in this writ petition is stated to be a voluntary organization registered under the Travancore-Cochin Scientific, Literary and Charitable Societies Registration Act, 1955, for discharging the fundamental duties of citizens of India as envisaged under the Constitution of India, especially for the protection of rivers in the State. In this public interest writ petition, petitioner is highly concerned about the massive felling of healthy trees growing on the side of the Karaparambu –

Kundooparambu road for the construction of a footpath.

2. The reliefs sought for in the writ petition are as under:

i. Issue a writ of mandamus directing the respondent's No. 3 and 4 not to cut the trees, growing on the side of the Karaparambu- Kundooparambu road In Kozhikode District for the Construction of footpath.

ii. Issue a writ of mandamus directing the respondents No.2 to 4, to ensure and monitor the planting and nurturing of equal number of trees which have been destroyed for the various developmental activities as mentioned in ExhibitP4 immediately.

3. According to the petitioner, earlier there was a proposal for felling 200 trees for the purpose of widening the road and for the construction of a footpath. Against this, the petitioner filed a complaint before the second respondent – the Tree Committee, Corporation of Kozhikode. Thereupon, the members of the Tree Committee conducted a local inspection and after evaluating the facts, it was decided to cut 5 trees and to lop the branches of 6 trees, with a condition that 10 times trees should be planted. Accordingly, the 4^th respondent had cut and removed 5 huge trees and lopped the branches of 6 trees. However, 10 times the number of felled trees is not planted so far.

4. It is contended by the petitioner that the 3^rd respondent –

the Assistant Conservator of Forests, Social Forestry Division, Kozhikode, had been issuing permission for felling trees on the side of the roads, for widening the roads and for the connected activities.

5. According to the petitioner, there is no mechanism to monitor, whether the trees are planted and nurtured. As a result, in most of the areas, after the felling of trees there is no effective replantation.

6. On 15.06.2021, the Hon’ble Division Bench of this Court has passed the following order:

“Learned counsel appearing for the respondents, in unison, inform the Court that the cutting and felling of trees is still at preliminary stages and permissions as required, are yet to be either granted or received by their respective clients. Unless and until the permissions are received and placed before th