 , as per the criteria laid down by the High Level Working Group (HLWG).){kind=link}
The Kerala High Court has dismissed a Petition as withdrawn, which claimed that Pudupariyaram-I Village did not fit into the definition of Western Ghats and ESA (ecologically sensitive area), as per the criteria laid down by the High Level Working Group (HLWG).
The petition is filed for the following reliefs:
(I) To issue a writ of certiorari or other appropriate writ, direction or order quashing report to the extent that it includes Pudupariyaram I Village in the list of villages included as ESA;
(II) To issue a writ, direction or order declaring that the Pudupariyaram I Village does not belong to ESA as per the conditions laid down by the HLWG :
(III) To issue a writ direction and order directing the Respondents to conduct actual physical verification of Pudupariyaram I Village by calling for objections of the citizens by public notice giving sufficient and reasonable time and opportunity of personal hearing before including the village in the list of village to be declared as ESA.;
(IV) To issue a writ of mandamus or other appropriate writ direction or order directing the 5th respondent (village officer, Pudupariyaram-I Village) to collect land tax and possession certificate from the residents of Pudupariyaram I Village :
(V) To issue a writ of mandamus or other appropriate writ direction or order directing the Respondents to consider representation after affording an opportunity of personal hearing to the petitioner or his representative.
The petitioner is the Secretary of Karshakarakshavedi, a Society principally works for the betterment and welfare of farmers. Pudupariyaram–I Village has been included into the list of Ecologically Sensitive Villages by High Level Working Group (HLWG) on Western Ghats also known as Kasthurirangan Committee.
HLWG was appointed to examine the report already made by Western Ghats Ecology Expert Panel report also known as Gadgil Report, on the basis of the comments received from the concerned State Governments/Central Ministers and stake holders and has filed report in this regard.
According to the petitioner, Pudupariyaram-I Village is not fit into the definition of Western Ghats and ESA, as per the criteria laid down by the HLWG. The report is made against the mandate of Government Order.
Nagaraj Narayanan, learned Special Government Pleader submitted that a new Committee/ Panel has been set up by the Ministry of Environment, Forests and Climate Change, to examine the concerns of Karnataka, Kerala, Goa, Tamil Nadu, Maharashtra and Gujrat, in respect of declaration to the ESA in the Western Ghats Region, on the basis of the recommendation of the Kasthurirangan Committee and that presently, the notifications of the Central Government are only in the draft stage.
The Counsel for the petitioner submitted that the petitioner may be given permission to withdraw the petition with liberty to make a representation/ objection before the concerned authority/committee, as regards the exclusion of Pudupariyaram-I Village from the list of Ecologically Sensitive Village by High Level Working Group.
Submission is recorded by the Division Bench of Chief Justice S Manikumar and Justice Murali Purushothaman and the petition is dismissed as withdrawn, with liberty as prayed for.