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

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 WP(C) NO. 28555 OF 2016 PETITIONER/S:

WAYANAD PRAKRITI SAMRAKSHANA REPRESENTED BY IT'S PRESIDENT N.BADUSHA, SULTHANS BATHERY P.O., WAYANAD, KERALA - 673 592.

BY ADVS.

SRI.THOMAS ANTONY SRI.M.P.PRAKASH RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECERTARY TO THE GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

2 PRINCIPAL SECRETARY TO THE GOVERNMENT DISASTER MANAGEMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,PIN - 695 001.

3 THE KERALA STATE DISASTER MANAGEMENT AUTHORITY REPRESENTED BY IT'S SECRETARY, REVENUE COMPLEX PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 001.

4 DISTRICT DISASTER MANAGEMENT AUTHORITY WAYAND, REPRESENTED BY ITS CHAIRPERSON,WAYANAD - 673 576.

5 THE DISTRICT COLLECTOR WAYANAD - 673 576.

BY ADVS.

SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER GOVERNMENT PLEADER ADVOCATE GENERAL OFFICE KERALA SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()

SRI.K.P.HARISH, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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

JUDGMENT

Murali Purushothaman, J.

Petitioner has filed this writ petition seeking the following reliefs:-

“(i) To call for the records leading to Ext. P6 and quash the same by issuance of a writ of certiorari or any other appropriate writ, direction or order;

(ii) Issue a writ in the nature of mandamus commanding the respondents to direct to cancel all the building permits granted against the stipulations of Ext. P4 and issued after Ext. P5 judgment;

(iii) Issue a writ in the nature of a mandamus commanding the 4th respondent to prepare the District Plan as mandated under Section 31 of the Disaster Management Act, 2005, incorporating the directions in Ext. P4, within a time limit that may be fixed by this Hon’ble Court.”

2. Short facts leading to the filing of the writ petition are as under:-

2.1. According to the petitioner, Wayanad District is prone to landslides, as evidenced by Exts. P1 and P2 reports. Landslides are natural disasters affecting lives of many and cause environmental problems. The Chairman, District Disaster Management Authority, Wayanad, in exercise of the power conferred under Sections 30(2)(iii)

and 30(2)(v) of the Disaster Management Act, 2005, by Ext. P4 proceedings dated 30.06.2015, directed the Secretaries of all the Grama Panchayats and Municipalities in Wayanad District, District Town Planner, Wayanad, and Environmental Engineer, Pollution Control Board, Wayanad, to ensure, inter alia, that:-

“i) Not to issue permit for construction of any building, if the height of such building exceeds the measurements specified in Table A in Ext. P4;

ii) To get construction of any building of which the permit for construction is already issued, which is being proposed to be constructed in contravention of the two conditions given therein be restricted to the levels mentioned therein; if it has already crossed the specified limits; be stopped at the present levels wherein the construction has already crossed the specified limits:”

2.2. Petitioner states that the legality of Ext. P4 proceedings dated 30.06.2015 was challenged in W.P. (C) Nos. 24873 and 29516 of 2015 wherein a learned Single Judge of this Court, by Ext. P5 judgment dated 03.11.2015, held that the said proceedings has to be taken as a directive to be implemented by the local authority, and that it cannot affect the rights of a person, who has already obtained permit to construct a building prior to 30.06.2015. It was also held therein that the petitioners therein are free to undertake the construction activity, in accordance with the building permit already issued. The Learned Single Judge further directed the District Disaster Management Authority to communicate Ext. P4 proceedings to all the Local Self Government Institutions in the District