Kerala High Court
Unknown vs By Advs.Sri.P.Chandrasekhar on 5 October, 2016
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940
Con.Case(C).No. 1946 of 2016 IN WPC. 3097/2016
AGAINST THE ORDER IN WP(C) 3097/2016 of HIGH COURT OF KERALA
DATED 05-10-2016
PETITIONER/PETITIONER
ONE EARTH ONE LIFE
REPRESENTED BY ITS LEGAL CELL DIRECTOR,
SRI.TONY THOMAS K., AGED 57 YEARS, IRUMBAKACHOLA,
MANNARKAD P.O., PALAKKAD DISTRICT.
BY ADVS.SRI.P.CHANDRASEKHAR
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
RESPONDENT/RESPONDENT NO.1:
AJAY NARAYAN JHA
MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,
NEW DELHI-110 003.
R BY SRI.BABU P.L., CGC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
14-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HRISHIKESH ROY, Ag.C.J. & C.T.RAVIKUMAR, J.
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Cont. Case (C) No.1946 of 2016
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Dated this the 14th day of June, 2018
JUDGMENT
Hrishikesh Roy, Ag.C.J. Heard the learned counsel for the parties.
2. This contempt case is filed in respect of the interim order, dated 5.10.2016 whereby this court directed production of the files relating to the decision making process leading to Ext.P1 notification dated 22.12.2014, by which the definition of 'built up area' was changed to exclude several categories of buildings like industrial estates, education institutions, etc.
3. The respondents have contended that Ext.P1 notification in W.P.(C)No.3097/16 was substituted by notification dated 9.12.2016 and, therefore, in a sense, the W.P. (C)3097/16 had become infructuous. But subsequently, the National Green Tribunal has struck down this notification and, therefore, the Ext.P1 notification got restored. Accordingly, counsel says that since he has secured the records, he may be granted four weeks time to file counter affidavit. As the Ext.P1 notification stands restored, the Central Government counsel is granted four weeks' time to file counter affidavit in W.P. (C)No.3097 of 2016.
4. We have considered the above and are of the view that in these circumstances, this contempt case can now be closed. Accordingly, Contempt of Court Case No.1946/16 is closed.
SD/-
HRISHIKESH ROY ACTING CHIEF JUSTICE SD/-
C.T.RAVIKUMAR, JUDGE jes