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Kerala High Court

Sajeev Sebastian vs Union Of India on 31 January, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                    2025:KER:8009
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR.JUSTICE C.S.DIAS

     FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946

                         WP(C) NO. 3849 OF 2025

PETITIONER:

             SAJEEV SEBASTIAN
             AGED 49 YEARS
             S/O SEBASTIAN, KONDATTUPARAMBIL HOUSE,
             SHANTHANPARA, PUTHADY PO, RAJAPPARA, IDUKKI
             DISTRICT, PIN - 685619

             BY ADVS.
             V.HARISH
             RAJAN VISHNURAJ
             JISSMON A KURIAKOSE



RESPONDENTS:

     1       UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, MINISTRY OF
             ENVIRONMENT, FORESTS AND CLIMATE CHANGE, INDIRA
             PARYAVARNA BHAWAN, JORBAGH ROAD, NEW DELHI-110003

     2       THE SECRETARY
             MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE
             CHANGE, INDIRA PARYAVARNA BHAWAN, JORBAGH ROAD,
             NEW DELHI, PIN - 110003

     3       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             DEPARTMENT OF ENVIRONMENT, GOVERNMENT SECRETARIAT,
             STATUE THIRUVANANTHAPURAM DISTRICT, PIN - 695001

             DSGI SRI T C KRISHNA
             GP SRI B S SYAMATHAK


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.01.2025,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 3849 OF 2025            2


                                                   2025:KER:8009
                         JUDGMENT

Dated this the 31st day of January, 2025 The writ petition is filed to direct the respondents to make available the translated copies of Ext.P4 draft notification in the official regional language of the State of Kerala and upload the same on its official website along with Ext.P4 draft notification.

2. Heard; the learned counsel for the petitioner, the learned DSGI and the learned Government Pleader.

3. The learned DSGI submitted that, subsequent to the publication of Ext.P4 draft notification dated 07.11.2024, the 2nd respondent has already published the final notification on 29.01.2025. Therefore, the writ petition is only to be dismissed as infructuous.

4. The learned counsel for the petitioner submitted that, the writ petition may be closed in view of the above submission, but the petitioner's right to work out his remedies may be left open. WP(C) NO. 3849 OF 2025 3

2025:KER:8009 In the light of the above submissions, the writ petition is closed, by reserving the right of the petitioner to work out his remedies in accordance with law.

Sd/-

C.S.DIAS JUDGE AJ WP(C) NO. 3849 OF 2025 4 2025:KER:8009 APPENDIX OF WP(C) 3849/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE DRAFT NOTIFICATION NO.

SO 2319 (E) OF 11.09.2014 ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF THE FINAL NOTIFICATION NO SO 3252(E) DATED 22.12.2014 ISSUED BY THE 1ST RESPONDENT Exhibit P3 A PHOTOCOPY OF THE JUDGMENT DATED 06.03.2024 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO. 3097 OF 2016 Exhibit P4 A COPY OF THE DRAFT NOTIFICATION ([F. NO. IA3- 3/46/2024-IA. III]) DATED 07.11.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 A TRUE PHOTOCOPY OF THE ORDER DATED 28.01.2021 IN R.P.NO: 975 OF 2020 IN WP(C) NO: 18798 OF 2020 PASSED BY THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE JUDGMENT IN 18798 OF 2020 ALONG WITH CCC NO.1796 OF 2021 DATED 21.02.2022 Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 30.06.2020 IN WPC NO.3747 OF 2020 BY THE DELHI HIGH COURT Exhibit P8 A TRUE COPY OF THE ORDER DATED 26.11.2021 IN RP NO.131/2020 BY THE DELHI HIGH COURT Exhibit P9 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 05.09.2024 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO. 29810 OF 2024 Exhibit P10 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 30.12.2024 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P11 A TRUE PHOTOCOPY OF THE REPORT TITLED 'COLLATION AND REVIEW OF THE COMMENTS/SUGGESTIONS RECEIVED FROM ALL THE STAKE HOLDERS ON THE DRAFT EIA NOTIFICATION 2020' PREPARED BY NEERI WP(C) NO. 3849 OF 2025 5 2025:KER:8009 Exhibit P12 A TRUE PHOTOCOPY OF THE RELEVANT PORTIONS OF THE GUIDELINES FOR INDIAN GOVERNMENT WEBSITES, 2018, PREPARED BY THE NATIONAL INFORMATICS CENTRE (NIC) Exhibit P13 A COPY OF THE RELEVANT EXTRACT OF THE CENSUS OF LANGUAGES 2011 PREPARED FROM THE OFFICE OF THE REGISTRAR GENERAL, INDIA