The Supreme Court was hearing an SLP filed by a lawyer, wherein he contended that the order of stay by Kerala High Court over NGT’s Order is, in the teeth of the affirmation order passed by the Supreme Court.
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Background
Issue is regarding an order passed by the National Green Tribunal, against which an appeal was raised and the Apex Court dismissed the appeal and review petition thus, confirming the order passed by the Tribunal. However, the Kerala High Court ordered a stay on the order of the NGT, thus clashing directly with the Supreme Court’s order.
Submission by the petitioner
The petitioner, Advocate Yeshwant Shenoy, appearing as a party-in-person, submitted that while the Kerala High Court was hearing a Writ Petition by the State against the order passed by NGT, the petitioner had filed an impleadment application to add him as a 5th Respondent based on the ground that the State and the Senior Government Pleader have suppressed the fact that NGT order has reached finality after it was affirmed by the Supreme Court.
However, in February 2022, the Kerala High Court failed to recognise him as a Necessary or Proper Party while also observing that the order of the Supreme Court has been presented as Exhibits and the Court will reach to its conclusion by deciding the case on merits.
In June 2022, the Kerala High Court allowed the Writ Petition filed by the State thus putting a stay on NGT’s order hence, clashing with the Supreme Court’s order passed in August 2021.
Order of the Supreme Court
The two Judge Bench, presided by Hon’ble Mr. Justice M.R. Shah and Hon’ble Mr. Justice C.T. Ravikumar, noted the submissions made by the petitioner that as the Kerala High Court is conducting hearing on a daily basis, the Apex Court can issue notice for the same.
The Court observed that against NGT’s Order a Civil Appeal was filed and later a review application was filed, both were dismissed by the Apex Court, thus confirming the order of NGT. Therefore, the Court directed its Registry to communicate such orders to the Registrar General of the High Court so that the present order can be placed before the High Court. The High Court can continue with its stay order and may take the Supreme Court’s orders into consideration as the proceedings are still pending.
Case Title: Yeshwanth Shenoy vs State of Kerala | SLP(C) No. 5563/2023
