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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, MR. SHAJI P.CHALY, J
K.J.TOMY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges inaction on river encroachments. (Para 1 , 2 , 3) |
| 2. court’s directive for action against encroachments. (Para 4 , 5 , 6 , 15 , 19) |
| 3. petitioner argues state's negligence and duty to restore river. (Para 7 , 8 , 9 , 11 , 12) |
| 4. legal obligations to protect natural resources. (Para 26 , 29 , 31) |
| 5. court orders actions to restore konthuruthy river. (Para 36 , 37) |
JUDGMENT
Dated this the 9th day of June, 2020
S.Manikumar, CJ.
Instant public interest writ petition has been filed assailing inaction on the part of respondents 1 to 4, i.e. State of Kerala, represented by the Chief Secretary to Government; Corporation of Cochin, represented by the Secretary; District Collector, Ernakulam; and Tahsildar, Ernakulam, in taking adequate steps to prevent illegal encroachments and reducing the width of Konthuruthy river at the behest of Bhoorahitha Samrakshana Samithi, Perumanoor, Kochi, represented by its Secretary, (respondent No.5). The reliefs sought for in the writ petition are as under:
“i) Issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1 to 3 to restore Konthuruthy River in its entirety to the width of 48 me
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