Notification published in electronic media not in Official Gazette : void ab initio and unenforceable

Kerala High Court Declares Wildlife Notifications Unenforceable Due to Non-Publication in Official Gazette. The court invalidates ownership certificates for ivory artifacts, emphasizes strict adherence to statutory publication requirements.

In a significant ruling, the Kerala High Court has declared notifications issued under Section 40(4) of the Wild Life Protection Act, 1972, as unenforceable due to the State Government's failure to publish them in the official gazette. This judgment was delivered by the Division Bench comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian JJ, in the case of James Mathew v. State of Kerala.

The court was hearing two writ petitions, characterized as public interest litigations, concerning the legality of notifications that allowed a prominent film actor to declare and obtain ownership certificates for ivory tusks and artifacts. The petitioners contended that the State Government's actions were invalid due to non-compliance with the mandatory gazette publication requirement.

The court underscored the necessity of following statutory procedures, emphasizing that any power exercised outside the prescribed manner is void. It cited previous judgments to affirm that publication in the official gazette is a mandatory condition for any notification to become operative, rejecting the State Government’s argument that alternative publication methods sufficed.

Highlighting the potential implications for wildlife protection laws, the court invalidated the ownership certificates granted to the actor and stressed that the absence of gazette publication rendered the notifications void ab initio. The court further noted that the failure to publish in the gazette could not be rectified by subsequent actions.

Furthermore, the court dismissed objections regarding the locus standi of the petitioners, stating that the petitions served public interest by addressing legal mala fides in the exercise of government power.

In conclusion, the court allowed the writ petitions, striking down the notifications and ownership certificates, while granting the State Government liberty to issue fresh notifications compliant with statutory mandates.

Bottom Line:

Notifications issued under Section 40(4) of the Wild Life Protection Act, 1972 must be published in the official gazette to be considered valid and enforceable. Non-publication in the official gazette renders the notifications void ab initio and unenforceable, irrespective of any alternative publication in electronic media or circulation.

Statutory provision(s): Wild Life Protection Act, 1972 Sections 39, 40(4), 40A, 41, 42

James Mathew v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2797556