Case Note & Summary
The present writ petition was filed by the Prl.Convener of Kaveri Sene (R) under Articles 226 and 227 of the Constitution of India seeking issuance of a writ of mandamus to direct the first respondent-authority to consider the petitioner's representation made on 6.3.2017 as per Annexure-A and direct the authorities to constitute a separate Task Force especially in the petitioner's District to save the forest, its wild animals and birds from fire. The main grievance of the petitioner was that during the year 2017, in the month of February, an untoward incident and forest accident had taken place because of fire wherein more than 10,000 acres of land got fire and damaged the forest environment and also thousands of creatures lost their life because of fire. The daily regional newspapers had reported the incident. The petitioner had made a representation to the Deputy Commissioner, Kodagu District on 6.3.2017 requesting to take immediate steps to prevent forest fire and to constitute a Task Force. However, the respondents did not consider the representation. The court, after hearing the learned counsel for the petitioner and the learned HCGP for the respondents, disposed of the writ petition with a direction to the Deputy Commissioner, Kodagu District to consider the representation dated 6.3.2017 made by the petitioner and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of the order. The court did not express any opinion on the merits of the case.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Petitioner sought direction to respondent-authority to consider representation dated 06.03.2017 regarding forest fire in Kodagu District - Court directed the Deputy Commissioner to consider the representation and pass appropriate orders in accordance with law within a period of six weeks - Held that the writ petition is disposed of with a direction to consider the representation (Paras 1-4).
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation and constitute a separate Task Force to save the forest, its wild animals and birds from fire.
Final Decision
The writ petition is disposed of with a direction to the Deputy Commissioner, Kodagu District to consider the representation dated 06.03.2017 made by the petitioner and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of the order. No opinion on merits.
Law Points
- Writ of mandamus
- Consideration of representation
- Forest fire prevention
- Public interest litigation
