Composition Of Ashtamudi Wetland Management Unit Drawn From Existing Officials, No Need To Create New Posts: Kerala High Court Clarifies

The division bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V M was considering a contempt petition for non-compliance of its judgement dated July, 2025.

The Court had previously directed the Secretary of the State Wetland Authority to be present during the proceedings, if the notification of constitution was not issued before 7 January.

Today, the Government Pleader submitted that the issuance of a formal notification had been delayed as the constitution of the Management Unit would necessitate the creation of a post. The Court, however, observed that this submission was based on an incorrect reading of the earlier judgment.

“It appears that this contention proceeds on the incorrect reading of the judgment where the composition is almost entirely of government officials and representatives to be nominated by the State. The Chairperson of the said Committee is the District Collector,” Court orally observed.

The Bench noted that the composition of the committee is almost entirely drawn from existing government officials and representatives to be nominated by the State. The Chairperson of the committee is the District Collector, while the Chief Executive Officer is a full-time salaried professional already holding office. The Court further clarified that the Member Secretary referred to in the judgment is the Member Secretary of the Wetland Authority, and not a newly created position.

“In that view of the matter, we do not find that there is any creation of posts,” the Court observed.

With regard to the technical and professional team envisaged to work under the Chief Executive Officer, the Court stated that this was a subsequent step contemplated under the judgment and did not pose any immediate impediment to compliance.

“That technical professional team, if it requires, either you can draw it from the existing departments or if it requires a new post…. That is a separate step. You have to take the first step first.” Court orally observed

The Court held that there was no obstacle to taking steps as contemplated under paragraph 26 clause (a) of the judgment which deals with constituting Management Unit.

Taking note of the Court's observations, the Government Pleader submitted that necessary order constituting the committee would be issued during the course of the day.

The matter is posted tomorrow, for reviewing compliance.

Case Title: Adv. Boris Paul v Seeram Sambasiva Rao IAS & Others

Case No: Con. Case (C) 3008/ 2025

Counsel for Petitioner: Ajmal A, Ananya M G, Manoj Sreedhar, Dhanush C A, Priyanka Sharma M R, Priyanka Sharma M R, Bency M Raj

Counsel for Respondent: Prakash M P (SC- State Wetland Authority) 

Click Here To Read/ Download Interim Order