JUDGMENT
This writ petition is filed challenging Ext.P14 issued by the Chief Secretary directing the fourth respondent to come out with a clear report on the CRZ status after examining all available data and after a thorough inspection of the structures and the location belongs to the petitioner who have undertaken a construction of multi-storied flats or apartments pursuant to the permit and other statutory requirements. The petitioner would submit that there is no power to the Chief Secretary to issue such a direction in the nature of Ext.P14 The petitioner also would submit that necessary clearance has been obtained in accordance with law for undertaking such construction. It appears that there were some enquiry in this matter and a report has been obtained by the fourth respondent. It is the case of the fourth respondent that this report was obtained independent of the directions in Ext.P14 This writ petition is filed substantially challenging the decision of the Chief Secretary as reflected in Ext.P14 on the premise that there is no such power referrable under any provisions of law to the Chief Secretary to issue the directions in the nature of Ext.P14
2. The issue raised in Ext.P14 is relating to the CRZ status of the apartment structure constructed by the petitioner as above, near Chelavannur Kayal. The petitioner would submit that this matter clearly covered under the relevant provisions of the CRZ notifications and environmental clearances as required under the various provisions of law, the Chief Secretary to the Government has nothing to do with the matter to direct any statutory authority to conduct an enquiry alleging violation.
3. On going through Ext.P14, various references have been made regarding the report made by the fourth respondent, certain observations and conclusions also have been entered with regard to the alleged violation under the provisions of CRZ notification.
4. The nature of power that is vested with any Government in a matter relating to the environment being repository of public trust to protect the environment, the exercise of power by the Government or any body under the relevant provisions of law has been carved out to achieve the objects of such regulations governing the environment. There is no power traceable under any law to the Chief Secretary to enter into a finding of fact or decide the issue finally in a mater relating to CRZ. However, any responsible Government cannot overlook any complaint against any violation in respect of the environment. The Public Trust doctrine obligates the Government to protect the environment for public good and use. Therefore, it is the duty of the Government to propel State machineries to act upon any complaint regarding environment violation. Therefore, Ext.P14 can only be treated as an information provided to the fourth respondent to act thereon if there is any violation. Any findings or observations made in Ext.P14 shall not be the guiding factor ultimately for taking an appropriate decision in the matter by the fourth respondent or other competent authority. The fourth respondent or any other competent authority, who is empowered to look into the matter has to consider the matter independently and untrammeled by any observation or conclusions in Ext.P14 It appears that certain matters are pending before the National Green Tribunal in relation to the CRZ violation by the petitioner. In view of the above, the writ petition is disposed with the following directions:
1. Ext.P14 shall be treated only as a piece of information conveyed to the fourth respondent or any statutory authority to take action independently in appropriate manner in accordance with law.
2. Any observation or conclusion made in Ext.P14 shall not bind any authority including the petitioner in this matter.
3. All issues regarding any report made by the fourth respondent or any other authorities are left open to be decided in appropriate proceedings before the appropriate forum or before the appropriate Tribunal.