Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY,THE26H DAY OF NOVEMBER20135TH AGRAHAYANA, 1935 WP(C).No. 32280 of 2007 (S) ---------------------------- PETITIONER : --------------------- P.M.PUSHPANGATHAN, EX-PRESIDENT, ATHIRAPPILLY GRAMA PANCHAYAT, PULICKAL VEEDU P.O.VETTILAPPARA-680 721, PARIYARAM, THRISSUR DISTRICT. BY ADV. DR.VINCENT PANIKULANGARA RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REP.BY LAW SECRETARY, NEW DELHI-110 001.
2. STATE OF KERALA, REP.BY CHIEF SECRETARY, THIRUVANANTHAPURAM-695 001.
3. SUB INSPECTOR OF POLICE, VETTILAPPARA PS, THRISSUR DISTRICT.
4. VAZHACHAL DIVISIONAL FOREST OFFICER, P.O.CHALAKUDY,THRISSUR DISTRICT. R1 BY ADVS. SRI.P.PARAMESWARAN NAIR, ASGI SRI.SREEPRAKASH K.NAIR, CGC R2 & R3 BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.PRAKASH BY GOVT.PLEADER SRI. JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2611-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 32280 of 2007 (S) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF PETITIONER'S REPRESENTATION DT. 7/8/2007. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn Manjula Chellur, C.J.
& A.M. Shaffique, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32280 OF2007- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2013 JUDGMENT
Shaffique, J.
This writ petition is filed seeking the following reliefs: "i) Issue a writ in the nature of mandamus or any other writ, direction or order commanding the 2nd respondent to direct the departments of Police and Forest to take sufficient and adequate steps to prevent smoking and consumption of alcohol in public places and forests, especially in tourist centres adjacent to rivers, lakes and waterfalls in Kerala State; ii) issue a writ in the nature of mandamus or any other writ, direction or order commanding the 1st and the 2nd respondents to issue directions enforcing the Fundamental Duties of officials and individuals as citizens of India and fixing liabilities for those who violated the Fundamental Duties as citizens of India under Article 51A of the Constitution of India, especially under Article 51A (g) "to protect and improve the natural environment including forsts, lakes, rivers and wild life and to have compassion for living creatures. iii) issue a writ in the nature of mandamus or any other writ, direction or order commanding the 3rd and the 4th respondents to take sufficient and adequate steps to W.P.(C) No. 32280 of 2007 -:2:- prevent smoking and consumption of alcohol in the forest and public place in Athirappally-Vazhachal area. iv) issue a writ in the nature of mandamus or any direction or order commanding the 2nd respondent to report to this Hon'ble Court the total number of accidents and deaths in picnic spots in Kerala along with the age and sex of the victims since 1982." 2. The petitioner is a public spirited citizen and is complaining that the tourists who are visiting Athirappally- Vazhachal area are throwing waste particles in the forest area and in the river. It is also stated that several visitors are consuming alcoholic drinks in the forest area and used to smoke cigarettes and throw cigarette butts into the forest which may cause fire. According to the petitioner, the Forest Department is not taking any action to prevent such miscreants from polluting the environment, as such activities cause serious pollution to the forest and wild life.
3. Counter affidavit is filed by the 4th respondent inter alia stating that Forest Department started eco-tourism in association with the local common people and formed W.P.(C) No. 32280 of 2007 -:3:- Vanasamrakshana Samithi for checking the tourists by staying at the entrance of Athirappilly and Vazhachal water fall areas. There are two Vanasamrakshana Samithies namely Athirappally Vanasamrakshana Samithi and Vazhachal Vanasamrakshana Samithi who are engaged in the eco-tourism activity at Athirampally and Vazhachal water fall areas. It is also stated that the Forest Department is paying special attention to prevent death rates in Athirappilly and Vazhachal water fall areas. The eco-tourism activities in the area can uplift the socio-economic status of the local dependent community. The 4th respondent further indicates that the Forest Department is trying to improve the welfare activities in the area.
4. It is also indicated that members of the Vanasamrakshana Samithies are deputed in dangerous zones for paying special attention to prevent the entry of public into river thus reducing the rate of death in those areas since 2003. Information and sign boards are also installed in various dangerous places. 80 information boards are exhibited in the W.P.(C) No. 32280 of 2007 -:4:- tourist areas at various spots, the dangerous zones and prohibited items in the forest such as alcohol consumption, smoking etc. Awareness programmes are also initiated by the department to prevent forest fire by exhibiting warning boards near the entrance gate at Athirappilly-Vazhachal. It is further stated that a check post of Excise Department is functioning 8 km ahead of Athirappilly water falls and the officials are checking every vehicle for beverages. There is no Bar Hotel within a radius of 15 kms and no beverage shop within a radius of 30 kms. Vanasamrakshana Samithi members are deputed to check the entry ticket in the tourism areas and the baggage of tourists for beverages and smoking materials. Alcoholic sewerages are strictly prohibited in these areas especially in the forest area. Therefore, according to the Department, all necessary steps are being taken to avoid any illegal activities in forest.
5. Despite such restrictions being imposed by the Forest Department, learned counsel for the petitioner brings to our notice that several used bottles are found out in the area. It W.P.(C) No. 32280 of 2007 -:5:- is argued that the officer has a duty to protect the forest and it is the fundamental duty of a citizen. According to the Department, the members of the Vanasamrakshana Samithi are deputed to collect wastes and plastics in the tourism area, but that itself means that several tourists are carrying bottles either alcoholic bottles or water bottles. Thus it is clear that there is no strict vigilance at the entry point. The Department has to ensure that tourists do not carry alcohol or cigarettes into the area. Even if water bottles are permitted, they should ensure that the bottles are taken back or collected and are disposed in a scientific manner. Forest officials has a duty to check whether the objectives cast upon the Samithies are carried out in a systematic manner. Having regard to the fact that no specific case has been brought to the notice of the Court, the fact remains that some more vigilant approach is required in the matter by the Forest Department. Though directions cannot be issued in the manner as sought by the petitioner, we direct the Forest Department to ensure that more vigilant approach is to be made in the matter W.P.(C) No. 32280 of 2007 -:6:- and to ensure that tourists comply with the directions and regulations issued by the Department. The Forest Department should be vigilant and ensure that in future no such activities are carried out in the forest area. With the above observations, the Writ Petition is closed. Manjula Chellur, Chief Justice. A.M. Shaffique, Judge. ttb/28/11