How a public interest litigation can file ? Guidelines issued by Supreme Court of India.

SUPREME COURT OF INDIA
COMPILATION OF GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED
IN THIS COURT AS PUBLIC INTEREST LITIGATION.
(Based on full Court decision dated 1.12.1988 and subsequent modifications).
No petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter.
Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-
1. Bonded Labour matters.
2. Neglected Children.
3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).
4. Petitions from jails complaining of harassment, for (pre-mature release)* and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
*$ Petitions for premature release, parole etc. are not matters which deserve to be treated as petitions u/Article 32 as they can effectively be dealt with by the concerned High Court. To save time Registry may simultaneously call for remarks of the jail Superintendent and ask him to forward the same to High Court. The main petition may be forwarded to the concerned High Court for disposal in accordance with law.
Even in regard to petitions containing allegations against Jail Authorities there is no reason why it cannot be dealt with by the High Court. But petitions complaining of torture, custody death and the like may be entertained by this Court directly if the allegations are of a serious nature.
(5) Petitions against police for refusing to register a case, harassment by police and death in police custody.
(6) Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping etc.
+ In such cases where office calls for police report if letter petitioner asks for copy the same may be supplied, only after obtaining permission of the Hon'ble Judge nominated by the Hon'ble Chief Justice of India for PIL matters.
---------------------------------------------------------------------------------------------------------
$ Added based on Order dated 19.8.1993 of the then Chief Justice of India.
-2-
(7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
(8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.
(9) Petitions from riot -victims.
(10) Family Pension.
All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above mentioned categories will be placed before a Judge to be nominated by Hon'ble the Chief Justice of India for directions after which the case will be listed before the Bench concerned.
If a letter-petition is to be lodged, the orders to that effect should be passed by Registrar (Judicial) (or any Registrar nominated by the Hon'ble Chief Justice of India), instead of Additional Registrar, or any junior officer.
To begin with only one Hon'ble Judge may be assigned this work and number increased to two or three later depending on the workload.
*Submission Notes be put up before an Hon'ble Judge nominated for such periods as may be decided by the Hon'ble Chief Justice of India from time to time.
**If on scrutiny of a letter petition, it is found that the same is not covered under the PIL guidelines and no public interest is involved, then the same may be lodged only after the approval from the Registrar nominated by the Hon'ble the Chief Justice of India.
**It may be worthwhile to require an affidavit to be filed in support of the statements contained in the petition whenever it is not too onerous a requirement.
------------------------------------------------------------------------------------------------
+ Added as per Order dated 29.8.2003 of the Hon'ble Chief Justice of India.
* As per Order dated 29.8.2003 of the Hon'ble the Chief Justice of India.
-3-
**The matters which can be dealt with by the High Court or any other authority may be sent to them without any comment whatsoever instead of all such matters being heard judicially in this Court only.
Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:
(1) Landlord-Tenant matters.
(2) Service matter and those pertaining to Pension and Gratuity.
(3) Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.
(4) Admission to medical and other educational institution.
(5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts.
In regard to the petitions concerning maintenance of wife, children and parents, the petitioners may be asked to file a Petition under sec. 125 of Cr. P.C. Or a Suit in the Court of competent jurisdiction and for that purpose to approach the nearest Legal Aid Committee for legal aid and advice.
___________________________________________________
** Modified keeping in view the directions dated 29.8.2003 of
the Hon'ble Chief Justice of India.

one are is equal to how many cents

One are   is equal to 2.470 cents
One acre is equal to 40.47 ares
One cent is equal to 1000 Sq.Lns

Model form: Registration of marriage Kerala Panchayath-Municipality-Corporation: Marriages made mandatory with effect from 29th February 2008

Registration of marriage Kerala Panchayath-Municipality-Corporation: Marriages made mandatory with effect from 29th February 2008

GOVERNMENT OF KERALA
Law ( E ) Department
NOTIFICATION
G. O. (P) No. 1/2008/Law. Dated, Thiruvananthapuram, 29th February, 2008.
WHEREAS, the Hon’ble Supreme Court of India, in its judgment dated
14-2-2006, in Seema Vs. Ashwinikumar [2006 (1) KLT 791 SC], has directed all State
Governments to issue Rules for making registration of marriages solemnized in the
respective States compulsory irrespective of the religion after calling objection and
suggestion;
AND WHEREAS, the Government of Kerala, in response to the Draft Kerala
Registration of Marriages (Common) Rules, 2006 published in the Gazette
Extraordinary No. 1835 dated 16-11-2006, have received various objections and
suggestions from the general public, religious denominations, Department Heads
etc.;
NOW, THEREFORE, the Government of Kerala, after considering all objections
and suggestions hereby publish “The Kerala Registration of Marriages (Common)
Rules, 2008” for the information of the general public, namely:—

THE KERALA REGISTRATION OF MARRIAGES (COMMON) RULES, 2008


Procedure and time limit for registration.—(1) The parties to a
marriage shall prepare a memorandum in duplicate in Form No. I appended to
these Rules along with two separate sets of photos and shall submit the same to
the Local Registrar within a period of forty-five days from the date of
solemnization of their marriage.


Consequences of non-registration.—After the commencement of these
Rules, the Government shall not accept for any purpose, any certificate of
marriage issued by any authority other than those authorized under these Rules
or under any other statutory provisions. However this provision is not applicable
to the marriages solemnized before the commencement of these Rules.


Appeal.—An appeal shall lie to the Registrar General concerned against
any decision of the Local Registrar and such appeal shall be filed within a period
of three months from the date of communication of any such decision. However,
the Registrar General concerned may condone the delay on sufficient grounds.
He shall consider the appeal and dispose of the same within a period of sixty
days either confirming the decision of the Local Registrar or allow the appeal after
hearing the parties concerned.

PUBLIC LIABILITY INSURANCE RULES 1991

Forest (Conservation) Act, 1980 with Amendments Made in 1988

An Act to provide for the conservation of forests and for matters connected
therewith or ancillary or incidental thereto.

PUBLIC LIABILITY INSURANCE ACT 1991

An Act to provide for public liability- insurance for the purpose of providing
immediate relief to the persons affected by accident occurring while
handling any hazardous substance and for matters connected therewith or
incidental thereto.

CRZ Coastal Regulation Zone:Kerala: The proposal of 50 metre no development zone along all backwater islands..yet to be implemented.

PROPOSED COASTAL REGULATION ZONE (CRZ) AMENDMENTS, 2010

PREAMBLE

THE MINISTRY OF ENVIRONMENT AND FORESTS PROPOSES TO ISSUE THE

COASTAL REGULATION ZONE NOTIFICATION 2010. 

DISCUSSION PAPER ON COASTAL REGULATION ZONE 2010

India’s coastline, which runs for 7,500kms, is inhabited by approximately 25% of our

population. Almost all of these individuals live within 50kms of the shoreline. This includes

10 million fisherfolk who depend directly on the sea for their livelihood.

Keeping in view the importance of the coastal environment and the need to protect the

coastal ecosystems from the pressures of developmental activities, the Ministry had issued

the Coastal Regulation Zone (CRZ) Notification, 1991 under the Environment (Protection)

Act, 1986.

This notification, which is still in force, seeks to protect and regulate the use of the land

within 500mts of the coast and 100mts along the tidal influenced water bodies. All

developmental activities proposed to be located in this zone are regulated under the

Notification. It classifies the coastal stretch of the country into CRZ-I (ecologically sensitive

areas), CRZ-II (built up municipal areas), CRZ-III (rural areas) and CRZ-IV (Islands of

Lakshadweep and Andaman & Nicobar).

The Coastal Regulation Zone Notification, 1991 has been amended almost 25 times since its

promulgation. Further, several State Governments and other stakeholders have expressed

difficulties in implementing the provisions of the CRZ Notification, 1991.

In order to examine the issues of implementation of the 1991 Notification the Ministry

constituted an Expert Committee under the Chairmanship of Prof. M. S. Swaminathan in

2004. The Committee submitted its Report in February, 2005. The main recommendation of

this Committee was to issue the draft Coastal Management Zone (CMZ) Notification, 2008

to replace the 1991 Notification.

However the draft CMZ Notification, 2008 attracted a large number of representations

especially from the fisherfolk and the local communities. In order to examine the issues

raised in these representations, the Ministry constituted another four-member Committee

under the Chairmanship of Prof. MS Swaminathan in June of 2009. The Report of the

Committee titled “Final Frontier” [and available on the website www.moef.nic.in] was

received in the Ministry on 16th July, 2009 and was accepted by the Government. The major

recommendation of the Report was to let the draft CMZ Notification of 2008 lapse and

instead strengthen the CRZ Notification of 1991.

In keeping with the above, the MoEF has proposed to take steps for strengthening the CRZ

Notification, 1991 in light of the recommendations of the Swaminathan Committee report

and the outcome of the consultation process carried out by CEE which includes

amending/deleting/inserting certain provisions in the existing notification.

SUMMARY OF PROPOSED AMENDMENTS TO THE CRZ NOTIFICATION 1991

The following are proposed in the draft CRZ Amendment Notification of 2010.

I. Inclusion of Aquatic Part: The 1991 Notification does not include the aquatic part

in its jurisdiction. Recognizing the importance of the aquatic area in maintaining the

functional integrity including the biodiversity in the coastal areas and waters, the

aquatic part i.e., sea area upto 12 nautical miles and the water area of ‘tidal influenced

water bodies’ shall be included.

II. Hazard Mapping Mechanism to be revised: The 1991 Notification does not

take into account the coastal hazards including impacts of sea level rise. The hazard

mapping based on tides, waves, sea level rise and shoreline change shall be included

and provisions to provide adequate safeguards to infrastructures and habitations of

local communities incorporated.

III. Preparation of Action Plans: The 1991 Notification does not lay down adequate

measures for the control of pollution. The State and UT Governments shall be

directed to prepare an Action Plan to mitigate discharge of untreated waste, effluents,

sewage including solid waste in a time bound manner. Necessary budget to deal with

pollution related activities shall be provided by the State/UT Government. The Action

Plan shall be prepared within six months and submitted to Ministry and after

obtaining approval from MoEF, it shall be implemented. CPCB shall monitor the

implementation.

IV. Classification of Erosion-Prone Areas: The 1991 Notification does not provide

for restrictions on port development and other foreshore developmental activities

along the coasts which are erosion prone. Majority of the erosion being caused is due

to anthropogenic activities. Keeping in view this irreversible damage to the coast, a

provision shall be incorporated in the Notification which will provide for classifying

the coastal stretches into “high erosion areas”, “medium erosion area” and “low or

stable coast”. No projects would be permitted in the high erosion prone areas, while,

in the medium erosion prone areas comprehensive EIA shall be stipulated.

V. New Classification Scheme: The CRZ Notification has four classifications [CRZ-I

(ecologically sensitive areas), CRZ-II (built up municipal areas) CRZ-III (rural areas)

and CRZ-IV (Islands of Lakshadweep and Andaman & Nicobar)]. The amendments

will re-classify the same as CRZ-I (ecologically sensitive areas), CRZ -II (built up

municipal areas), CRZ-III (rural areas), CRZ-IV (aquatic area) and CRZ-V (areas

requiring special consideration). For the islands of Lakshadweep and Andaman &

Nicobar a special dispensation has been provided in a draft ‘Island Protection Zone

Notification (March) 2010’ (currently inviting suggestions and objections).

VI. Special Cases: The CRZ notification provides for the uniform regulation of the

entire country irrespective of the diversity, socio economic conditions, developmental

pressures etc. However, it is proposed, in light of xertain special circumstances, to

provide special consideration for the following

i.Greater Mumbai and Navi Mumbai – Mumbai and Navi Mumbai are one of

the most thickly populated coastal areas. The coastal stretch is under tremendous

pressure due to various developmental activities. A sizable population of Mumbai

and Navi Mumbai live in slums abutting the coastal stretches. These slums are

not only polluting the environment but are also at great risk from being so close

to the shoreline. About 136 slums areas exist within 500 mts from the coast.

Mumbai and Navi Mumbai also have good mangrove areas along the coastal

stretches which act as a green buffer. Further, almost the entire city sewage

including effluents from industrial units are let out into the creeks and the sea. In

view of the above issues, Mumbai and Navi Mumbai require a special

dispensation. As recommended in the Swaminathan Committee Report, the new

CRZ shall provide for redevelopment of specified buildings in some specified

areas. The Private-developer based building projects in CRZ areas shall be

considered subject to providing public finance for housing.

ii. Kerala – Kerala has one of the most unique coastal environments wherein more

than 300 islands are located within its backwaters. Most of these islands/narrow

land strips such as Maruvkad, Challakadavu, Kandakadavu, Puthanthode,

Kannamaly, Cheriyakadavu and Kattiparambil are thickly populated. The

population density along the coastal areas is around 2,150 persons per sq kms.

These islands have been classified as CRZ-I or CRZ-III as per which no

development can be taken up in case of CRZ-I and in case of CRZ-III between 0-

200mts, it is a ‘No Development Zone’. The entire local communities living in

such areas have been requesting the State and the MoEF to provide relaxation to

take up construction of dwelling units. There are several court cases pending in

this regard. In view of the above difficulties and keeping in view the unique

geographical area of Kerala a special dispensation for coastal stretches of Kerala

is proposed to be provided which will include a 50m ‘No Development Zone’

along all backwater islands.

iii. Sunderbans and other ecologically important areas – Sunderbans is

one of the largest mangrove areas in the country with an approximate population

of 5 lakhs living within the biosphere. Sunderbans is being affected by the sea

level rise. Further, the local communities face hardship due to lack of

infrastructure facilities. An integrated management plan is proposed to be drawn

up for Sunderbans and such ecologically important areas such as Gulf of Khambat

and Gulf of Kutchchh in Gujarat, Malvan, Vasasi- Manori in Maharashtra, Achra-

Ratnagiri, Karwar and Coondapur in Karnataka, Vembanad in Kerala,

Bhaitarkanika in Orissa, Coringam, East Godavari and Krishna in Andhra

Pradesh . These areas would be declared as Critical Vulnerable Coastal Areas

(CVCA) for which an integrated management plan prepared with the consultation

of local communities

iv. Goa –The state of Goa is divided into three divisions, the coastal plain, mid

upland region and Western Ghats. The upland region close to the Western Ghats

are currently occupied by the mining activities, whereas the entire Western Ghats

region is identified as one of the Biodiversity hotspot areas and protected under

the Wildlife Protection Act 1972. Therefore, separate Goa state specific provisions

with stringent regulatory mechanism for sustainable development and ecological

protection of coastal areas are to be formulated. The traditional occupation of the

population living along the coast is mainly the fishing and allied activities. These

fishing communities require basic infrastructure facilities for their livelihood.

VII. Special Dispensation to certain Biosphere Reserves: The biosphere reserves

such as Sunderbans, Chilka, Gulf of Mannar, Peechavaram, Bhitarkanika etc., have

sizable local population living within such biospheres. The 1991 Notification

restricted all developments in such areas as these biospheres are classified as CRZI(

i). Special dispensation has been given to Sunderbans alone for certain basic

infrastructure facilities. This dispensation would now be provided to other biosphere

reserves also.

VIII. Construction of stilt roads to protect Mangroves in Mumbai: In some of the

urban areas classified as CRZ-II, there is large mangrove growth especially in

Mumbai, Navi Mumbai, Goa etc. Due to expansion of the urban infrastructure these

mangroves are systematically being destroyed especially for laying of peripheral

roads or missing links. The amendments will provide for construction of roads on

stilts over the mangroves that would not affect the growth of the mangroves and the

tidal flow as well. However, no benefit of CRZ-II shall accrue on the landward side of

such roads.

IX. Deadlines for Grant of Clearance: The CRZ Notification does not lay down

procedures for clearance of permissible activities. This is causing hardship to the

people/project authorities. Further, no time period is stipulated for clearance. To

address this issue, procedures have been drawn up and list of documents,

studies/report, maps and the forms that need to be filled for obtaining clearance shall

be indicated. A fixed time lines shall be provided for considering the project by the

State Coastal Zone Management Authority which is forty five days after receipt of all

the information and thereafter, sixty days for MoEF/State Government to accord

clearance.

X. Clearance process to be harmonised with EIA 2006 standards: Under the

1991 Notification housing projects less than Rs.5 crores are accorded clearance at the

State level and more than Rs.5 crores from MoEF. This has no scientific basis. The

new regulation will follow the same procedure as followed under the EIA 2006 i.e.,

housing projects of more than 20,000 sq mts would be considered under EIA

Notification, 2006 (by State Environment Impact Assessment Committee) after being

recommended by the concerned CZMA, while for projects less than 20,000 sq mts,

would be considered by the concerned State Coastal Zone Management Authority and

clearance accorded by the State Government agencies such as Urban Department or

Panchayat.

XI. Post Clearance Monitoring: Adequate emphasis is not give for post clearance

monitoring of project. Monitoring procedures and transparency of the compliance to

the conditions shall be clearly laid down.

XII. New Provisions for Enforcement: The 1991 notification does not provide

adequate emphasis for enforcement. Necessary provision shall be included in the

proposed amendments to identify all the violations in a time bound manner and

action initiated by the CZMAs. Powers delegated under Environment (Protection)

Act, 1986, to the Authorities especially the State Coastal Zone Management Authority

and National Coastal Zone Management Authority shall be indicated in the

amendment.

XIII. Preparation of Coastal Zone Management Plans: There are no guidelines,

mapping procedure, scale of maps, methodology, review procedures, ground truthing

etc., indicated in the 1991 notification for preparation of these plans. This has led to

problem especially for local communities. Hence, guidelines indicating the procedure

for preparing the Coastal Zone Management Plans by the States shall be incorporated

in the Notification (in compliance to the Supreme Court’s Order on 27.9.1996). For

States which have not yet prepared the CZMP plans or are ill equipped to prepare the

same, the MoEF with the assistance of reputed scientific agencies including the

National Centre for Sustainable Coastal Zone Management shall get the Plans

prepared by providing technical and financial assistance.

XIV. Removal of Duplication: There is duplication of clearance procedures for the

projects that attract both Coastal Regulation Zone Notification, 1991 and

Environment Impact Assessment Notification, 2006, such as ports, harbours,

housing projects etc. In order to rationalize the procedure those projects requiring

EIA Notification will be accorded clearance under the EIA Notification only after

obtaining recommendations from the concerned State Coastal Zone Management

Authority. The other projects which do not attract EIA Notification but requires CRZ

clearance, such projects would be considered only under CRZ.

XV. Facilities for Fisherfolk: Keeping in view the difficulties faced by fishing

communities, basic facilities such as fish drying yards, auction halls, net mending

yards, traditional boat building yards, ice crushing units, fish curing facilities etc.,

shall be provided in the No-Development Zone of CRZ-III areas.

XVI. Creation and Maintenance of Website: To maintain transparency in the

working of the CZMAs it will be the responsibility of the CZMA to create a dedicated

website and post the agendas, minutes, decisions taken, clearance letters, violations,

action taken, court cases etc.

XVII. Improved Language: Efforts have been made to make the 1991 Notification more

reader friendly and which can be understood by common people.

legal articles in malayalam

This page/link contains a collection of legal articles being written by the blogger for a couple of publications in Malayalam.

Tony Chammany - Would be Mayor of Kochi- Election details from Katrikadavu division.

Tony Chammany was nominated as the new Mayor candidate by the Congress through a secret ballot. The polls were held since there were two aspirants for the top post. Tony won with 26 votes while his immediate contender, N Venugopal, could get only 13 votes. Elections were held for the post at the Congress Parliamentary Party meeting.

Election details of Tony Chammany

TONI CHAMMANI  INC  UDF                  31722
JOE GEORGE PALOKKARAN                  13876
VENUGOPAL BJP                                     1244
TONI CHAKKALAKKALINDOTH          473
JOSEPH (KALOOR JOSE)INDOTH         421
S.KRISHNAKUMARINDOTH                  237
SAJEEV JOSEPHINDOTH                      1299
Invalid Vote                                                   1

---

kochi corporation election results 2010

To know the entire results of Kochi Corporation polls with all minute details...
Also know the entire results in Kerala local bodies.. Just enter the name of your division.

find your name in electoral roll by entering -name-EPIC card Number-

നിങ്ങളുടെ പേര്  വോട്ടര്‍ പട്ടികയില്‍ ഉണ്ടോ ?

form 6- add name in voters list. Kerala election 2011

Download this form and submit it to your village office / thaluk office.

Correct the mistakes in voters list in Kerala. Kerala election 2011

download form 8 to correct the entries in voter list.

TRAI - Complaints against mobile phone companies - directions issued by Telecom Regulatory Authority of India