Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC

Today, the State informed the Bench of Justices Abhay S. Oka and Ujjal Bhuyan that it will withdraw the petition filed in the High Court. During the hearing, the Court took a strong exception against the State for filing such a petition in the first place and orally asked the State to set its house in order.  

“You should be first concerned about your action as a State by filing a writ petition against an order, against which the appeal was filed in the Supreme Court…private parties go to the Supreme Court, appeal is dismissed, review is dismissed. You should first set you house in order...the private parties at whose instance, appeal was filed, he is trying to support the government. At his instance it has been done.”

The present petition before the Supreme Court was filed by Advocate Yeshwanth Shenoy who appeared as party-in-person. He submitted that the NGT, Southern Zone Bench had passed an order declaring as illegal the mining operations done by a granite quarry operator named M/s Cochin Granites. This order was affirmed by the Supreme Court. However, subsequently, the Kerala High Court stayed the very same NGT order in a writ petition filed by the State of Kerala.

Pertinently, Shenoy had filed an intervention application before the High Court, however, the same was dismissed. Against this order, he had approached the Supreme Court.  In March 2023, the Supreme Court had taken exception to the High Courts staying the NGT's order despite it being upheld by the SC. Following that, the Kerala High Court vacated the stay order.

It may be noted that during the course of pleading and in affidavits, Shenoy had raised allegations against the law officer, who had filed the writ petition, the Advocate General and the judges.

Today, the Court also gave the petitioner a last opportunity to withdraw these allegations. The Court warned him that it would, otherwise, initiate action against him as well.

“You are member of the bar. You must show some restrain. We are surprised to note that after last time, we told you to withdraw, now, you have come out with fresh allegations. What is this happening?...we will not tolerate this.,” said Justice Oka.

Accordingly, the Court posted the matter to next week to enable the petitioner to consider his position and take an appropriate stance. The order, as orally pronounced by the Court, reads as:

“Ld. Senior counsel, appearing for the State of Kerela States that order of withdrawal of the WP, filed by the State of Kerela, may be passed to prefer a statutory appeal. We have perused the affidavit filed by the petitioner….the petitioner has not only reiterated his allegations against the Advocate General, member of the bar and indirectly against the High Court instead of withdrawing the same. In fact, we had recorded in the order dated May 03^rd, that the petitioner will file an affidavit unconditionally withdrawing the allegations made against judges and the members of the bar in the pleadings and affidavits filed by him in this Court as well as before the High Court. Filing the present affidavit “prima facie” amounts to violation of the assurance given by the petitioner to the Court which is virtually an undertaking given to the Court.”

Case Title: Yeshwanth Shenoy vs State of Kerala | SLP(C) No. 5563/2023