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Kerala High Court Rebukes State For Failing To Constitute Wetland Management Unit For Ashtamudi

 

Kerala High Court Rebukes State For Failing To Constitute Wetland Management Unit For Ashtamudi

The Kerala High Court expressed strong displeasure with the State Government for failing to constitute a designated Management Unit for the conservation of the Ashtamudi Wetland, noting that the State had not complied with its earlier directions. The case arose from a contempt petition filed by an advocate, highlighting that despite a prior judgment mandating the creation of a specific Management Unit within a stipulated period, no tangible action had been taken. The Court recalled that it had directed the Unit to be constituted within two months and further mandated that the first meeting of the Unit should be held within two months of its notification to determine procedural formalities for regulating its functions. While the State Wetland Authority had provided the proposed composition of the Management Unit, comprising government officers and members of public authorities, no official notification had been issued to give effect to the order. The High Court noted that this failure to act constituted a disregard of its mandatory direction and questioned why the notification had not been issued, pointing out that the Government Pleader had indicated that the matter was pending approval from the Finance Department. The Court clarified that the issuance of the notification was a mandatory requirement that did not require external approvals and should have been completed immediately.

The Bench further issued a strong oral order stating that if the notification was not issued by the following day, the concerned Secretary would be required to appear in Court to explain why contempt proceedings should not be initiated. The Court’s remarks underscored the urgency and importance of establishing the Management Unit as a critical institutional mechanism for the conservation and protection of the Ramsar‑designated Ashtamudi Wetland. The High Court’s rebuke highlighted its frustration with the delay in implementing judicially mandated environmental protections and reinforced the principle that court orders, especially those aimed at ecological preservation, must be complied with promptly. The ruling affirmed the judiciary’s commitment to holding the executive accountable for inaction that undermines environmental conservation objectives and ensured that the creation of the Management Unit would proceed without further delay.

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