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2022 Supreme(Online)(KER) 50953

HIGH COURT OF KERALA
P. G. Ajithkumar, J
Shabana – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: ARUN MATHEW VADAKKAN, ABDUL RASHIQ A.
For the Respondents: SMT. VIDYA KURIAKOSE, GP

Table of Content
1. challenging authority's orders (Para 1)
2. environmental concerns in disaster management are addressed. (Para 2 , 3)
3. authority and jurisdictional limitations of the disaster management authority. (Para 5 , 6)
4. government's responsibility to protect environment (Para 7 , 9)
5. absence of emergency protocols justified legal action taken against authority. (Para 8 , 10)
6. unilateral orders by the chairman lack legitimate jurisdiction. (Para 15 , 16)
7. judgment on order's validity (Para 19)

JUDGMENT

All these batch of cases are filed challenging order No. DCKLM/1827/2020-DM2(5) dated 02.07.2021 (hereinafter referred to as the impugned order) passed by the Chairman, District Disaster Management Authority, Kollam. Since all these cases are filed challenging the very same order, I am disposing of this batch of writ petitions by a common judgment.

2. The impugned order passed by the Chairman is a detailed order that deals with the environmental aspects and the need to protect the same for the well being of the people. It is stated in the impugned order that the land in Kollam district is rich in natural freshwater reservoirs that includes fields, creeks, and other wetlands

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