IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO.17188 OF 2021
PETITIONER :-
SATHEESH, AGED 39 YEARS
S/O.VELAYUDHAN, CHELIKKODAN,
ARIMBRA.P.O, MORAYUR,
MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENTS :-
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
MALAPPURAM, MALAPPURAM DISTRICT, PIN-676 505.
2 THE DISTRICT GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION,
MANJERI, MALAPPURAM DISTRICT, PIN-676 121.
3 THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION, MALAPPURAM DISTRICT,
PIN-673 638.
4 THE ENVIRONMENTAL ENGINEER
KERALA POLLUTION CONTROL BOARD, CIVIL STATION,
UPHILL, MALAPPURAM DISTRICT, PIN-676 595.
5 SHAJAHAN KURUNGADAN,
KOTTAMMAL, MONGAM, MALAPPURAM DISTRICT,PIN-673 642.
6 ISMAIL,
KODITHODIKA, MONGAM, MALAPPURAM DISTRICT,
PIN - 673 642.
7 FAIROOS,
S/O.ANEEFA, CHAKKUMPURATH, MONGAM,
MALAPPURAM DISTRICT, PIN - 673 642.
WP(C) NO.17188 OF 2021
-: 2 :-
8 ANIL PRAMOD,
S/O.KANDANKUTTY, CHEERAKODA, PULIKKAL P.O.,
MALAPPURAM DISTRICT, PIN - 673 637.
BY SMT.SURYA BINOY.B, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.17188 OF 2021
-: 3 :-
JUDGMENT
Dated this the 26th day of August, 2021 This writ petition is filed seeking the following reliefs:-
"i. Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents 1 to 4 to stop the illegal mining of the party respondents and others being conducted without valid permits as expeditiously possible, safeguarding the life of the petitioner.
ii. Issue a writ of mandamus or any other appropriate writs, orders of directions directing the first respondent to consider and pass appropriate orders of Exhibit P1 as expeditiously as possible.
iii. Issue a writ of mandamus or any other appropriate writs, orders of directions directing the second respondent to consider and pass appropriate orders of Exhibit P2 as expeditiously as possible."
2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the 4th respondent. In view of the directions being issued, notice to respondents 5 to 8 is dispensed with.
3. The complaint raised by the petitioner is against illegal and indiscriminate mining being carried out in 15 Acres of land by the party respondents and their men. It is submitted that the petitioner's residence is very near to the site and that the area is a WP(C) NO.17188 OF 2021 -: 4 :- secluded and hilly area and illegal mining activities are being carried out without any restraint. The petitioner has preferred Exts.P1 and P2 complaints before respondents 1 and 2 and seeks appropriate action against the persons involved in illegal mining.
4. The learned Government Pleader submits that Exts.P1 and P2 complaints have been received and the 2 nd respondent has already conducted a visit to the site and has seized the vehicles which were found to be involved in the illegal mining activities. It is submitted that further steps are being taken by the 2 nd respondent on the complaints preferred by the petitioner.
5. Having considered the contentions advanced on either side, I am of the opinion that since the petitioner has brought up the matter with regard to illegal mining and quarrying before the respondents, it is for respondents 1 and 2 to take appropriate action on the complaints preferred by the petitioner. In case the party respondents or any other persons are found to be engaged in illegal mining, appropriate steps shall be taken against them after issuing due notice to them as well.
The writ petition is, therefore, disposed of directing respondents 1 and 2 to take up Exts.P1 and P2 complaints WP(C) NO.17188 OF 2021 -: 5 :- preferred by the petitioner and take appropriate action thereon with notice to all concerned as required by law. Action shall be taken without delay, and at any rate, within one month from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN JUDGE Jvt/26.8.2021 WP(C) NO.17188 OF 2021 -: 6 :- APPENDIX OF WP(C) 17188/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 9.7.2021 SUBMITTED BY THE PETITIONER AND OTHERS BEFORE FIRST RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMPLIANT SUBMITTED TO THE 2ND RESPONDENT DATED, 6-7-2021 BY THE PETITIONER AND OTHERS.
Exhibit P3 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE MINING ACTIVITY BY THE PARTY RESPONDENTS.