Only registered associations possess the legal capacity to file public interest litigations, affirming the requirement for formal legal recognition to assert rights in court.

JUDGMENT

S. MANIKUMAR,CJ.

Contending, inter alia, that Exts.P5 and P6 have been issued contrary to the statutory provisions, Cholamala Samrakshana Samithi claiming itself to be the society, has filed the instant writ petition, seeking the following reliefs:

1. Call for the records leading to Exts. P5 and P6 and quash the same as illegal, arbitrary and unreasonable by issuance of a writ of certiorari, direction or order or any other appropriate writ;

2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent District Collector to prohibit the functioning of the crusher unit sought to be set up/operated by respondents 9 and 10.

3. Direct the 2nd respondent Balal Grama Panchayat not to issue or renew the licences in respect of the crusher unit sought to be set up/operated by respondents 9 and 10.

4. Issue a writ of mandamus or other appropriate writ directing the 3rd respondent District Collector to consider and act upon Ext. P9 letter and accordingly declare that no mining/quarrying activities shall be conducted in the area.

2. While considering as to whether an unregistered body/society can file a Public Interest Litigation, this Court in Prathyasa Mental Health Counselling Forum v. State of Kerala [2020 SCC Online KER 2314] held that though the petitioner has made averments alleging contravention of laws, either in the statement of facts or in the exhibits, the petitioner therein has not substantiated that Prathyasa Mental Health Counselling Forum is a registered body or society. Therefore, this Court in the aforesaid decision observed thus:

“...Person' refers to human being. 'Juristic person' refers to a body recognized by the law as being entitled to rights and duties in the same way as a natural or human person. In the case on hand, Prathyasa Mental Health Counselling forum, through its Programme Co- ordinator, an unregistered body does not fall within the definition of juristic person.”

3. Further, responding to the directions of this Court on 10.02.2016, the Divisional Forest Officer, Kasargode, respondent No. 8, has filed a statement, basically contending that the land involved in this case belongs to M/s. Malom Quarry Crushers, situated at Kndupally in Survey No. 146/1A2 of Balal Village under Vellarikundu Taluk of Kasargod District, is a private owned area, falls between Kottencherry and Ranipuram Forest patches of Kanhangad Range. The proposed quarry area is located inside the Kundupally estate which is lying at an altitude of 530 mts. above the sea level and shares boundary with Vested Forest (VFC item No. 50) on north and Ecologically Fragile Land notified vide C4-21437/2000 dated 04.10.2000 as serial No.112, on south east and hence Kundupally estate, in fact, is surrounded on all three sides by pristine biodiversity patch having the status of Reserve Forest and these Forest area adjoining the said land is on a steep sloppy terrain and gives an outlook as an enclosure for the said land.

4. The Divisional Forest Officer, Kasargode, respondent No. 8, has also stated that the said land constitutes a corridor for many long ranging endangered wildlife and the adjoining area is famous for its dense and diverse nature which abodes many endangered flora and fauna. Besides, this area forms the catchment area of Chaithravahini River. It is further stated that, it was brought to the notice that the tropical forests of western ghats are very rich repositories of Biodiversity and extremely susceptible to rapid irreversible degradation and that the Hon'ble Apex Court has held that natural resources, such as forests, river and water shall be considered as public trust for the welfare of society at large. According to the 8th respondent, if at all quarrying is allowed in the said area, considerable hardship and loss would be caused to the natural habitats, in the surrounding forest area. Forest Department has not issued any NOC for proceeding with quarrying activities within the estate. Due to