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2025 Supreme(Online)(Ker) 56208

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
N. ASHOKAN – Appellant
Versus
THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE – Respondent
WP(C) NO. 11971 OF 2023|WP(C) NO. 13285 OF 2023|WP(C) NO. 16037 OF 2023|WP(C) NO. 20758 OF 2023|WP(C) NO. 21488 OF 2023|WP(C) NO. 11082 OF 2024

Advocates:
For the Appellants/Petitioners: SHRI.GEORGEKUTTY MATHEW, SHRI.PHILIP J.VETTICKATTU, SMT.SAJITHA GEORGE, SMT.NEENU BERNATH, SHRI.V.K.SUNIL, SMT.DEEPA NARAYANAN, SRI.M.P.SREEKRISHNAN, SRI.T.P.SAJID, SMT.SHIFA LATHEEF, SRI.K.P.MOHAMED SHAFI, SHRI.MUHAMMED HAROON A.N, SHRI.HASHARURAHIMAN U, SHRI.MOHEMED FAVAS, SRI.A.J.RIYAS, SRI.KRISHNA DAS, SMT.SARITHA THOMAS, SHRI.ALEN J. CHERUVIL, SRI.M.P.SREEKRISHNAN, SRI.AJITH VISWANATHAN

Reliefs sought based on unconstitutional notification cannot be granted.

Headnote:(A) Constitution - Section undefined - Notification issued by the Ministry of Environment, Forest & Climate Change - Petitioners sought relief based on said notification, which this Court found unconstitutional and ultra vires in a prior ruling. (Para 2)

(B) Judicial Review - Writ Petitions cannot be granted when reliefs are based solely on a nullified order. (Para 2)

Facts of the case:
Petitioners sought reliefs through the notification by the Ministry concerning environmental regulations. Court previously ruled the notification unconstitutional.

Findings of Court:
Reliefs cannot be granted based on an unconstitutional notification.

Issues: Whether the petitioners could obtain reliefs based on the notification found to be unconstitutional in a prior ruling.

Ratio Decidendi: The court concluded that since the basis for the relief is unconstitutional, the petitions could not succeed.

Result: Writ Petitions dismissed.

Table of Content
1. petitioners sought relief under an unconstitutional notification. (Para 1)
2. court's prior ruling invalidates basis for current petitions. (Para 2)

JUDGMENT

In all these Writ Petitions, the petitioners are seeking reliefs on the basis of a notification issued by the Ministry of environment, Forest & Climate Change bearing No. S.O.1807(E) dated 12.04.2022.

2. This Court in C.P.Muhammed v. Geologist, District Office, Mining and Geology Department [W.P.(C) No.23150 of 2023 and connected cases] held that the said S.O. is unconstitutional and ultra vires. Inasmuch as the reliefs are sought for solely on the basis of the said S.O., these Writ Petitions cannot be ordered.

These Writ Petitions will accordingly stand dismissed.

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2025 Supreme(Online)(Ker) 56208

IN THE HIGH COURT OF KERALA AT ERNAKULAMC. JAYACHANDRAN, JN. ASHOKAN – AppellantVersusTHE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE – RespondentWP(C) NO. 11971 OF 2023|WP(C) NO. 13285 OF 2023|WP(C) NO. 16037 OF 2023|WP(C) NO. 20758 OF 2023|WP(C) NO. 21488 OF 2023|WP(C) NO. 11082 OF 2024

Reliefs sought based on unconstitutional notification cannot be granted.