The Kerala High Court issued strict directions to the State government for the immediate constitution of a Management Unit for the conservation of the Ashtamudi Wetland, expressing concern over continued non-compliance with its earlier judgment. The matter arose from a contempt petition alleging that the State had failed to implement a prior judicial directive which required the formation of a dedicated Management Unit to oversee the protection and conservation of the Ashtamudi Wetland, a recognised ecologically sensitive area. The bench, headed by the Chief Justice, noted that despite clear directions issued earlier, the State had not taken concrete steps to formally constitute the Unit through an official order or notification.
During the hearing, the State explained that the delay occurred due to an assumption that the constitution of the Management Unit would necessitate the creation of new government posts. The High Court rejected this explanation and clarified that no such requirement existed. It observed that the structure and composition of the Management Unit, as outlined in the earlier judgment, could be fulfilled entirely through existing officials and authorities. The court clarified that the District Collector was designated as the Chairperson of the Unit, while other members were to be drawn from existing departments and statutory bodies. It further clarified that the role of Member Secretary was to be performed by the existing Member Secretary of the State Wetland Authority and did not require the creation of any new post.
The court emphasised that any future decision to engage technical experts or professional teams would be a separate administrative matter and could not be used as a justification to delay the basic step of constituting the Management Unit. It stressed that the earlier judgment had been unambiguous in its directions and that the State’s misunderstanding of procedural requirements could not excuse prolonged inaction. The bench underscored that the conservation of wetlands is a matter of public importance and environmental protection, and that judicial directions in this regard must be implemented without delay.
Following the court’s clarification, the Government Pleader informed the bench that the State would issue the necessary order constituting the Management Unit within the same day. The High Court recorded this assurance and indicated that it would review compliance shortly, signalling that it expected immediate and tangible action. The court listed the matter for further consideration to ensure that the State’s undertaking was honoured and that the Management Unit was formally brought into existence as directed.
The proceedings reflect continued judicial oversight aimed at ensuring administrative accountability in matters of environmental conservation. By reiterating its earlier directions and dispelling misconceptions cited by the State, the High Court reinforced that the obligation to protect the Ashtamudi Wetland is binding and enforceable. The order highlights the court’s insistence that conservation mechanisms mandated by judicial decisions must be operationalised promptly and cannot be deferred on procedural or administrative pretexts.
0 Comments
Thank you for your response. It will help us to improve in the future.