IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1679 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 04-11-2020 IN I.A.NO.2575 OF 2020
IN OS 477/2020 OF PRINCIPAL MUNSIFF COURT, PALAKKAD
PETITIONER/RESPONDENT 1/DEFENDANT 1:
M/S ROYAL SANDS AND GRAVELS PVT. LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, MOHAMMAD FAZEEL
T.A, PLAZA JUNCTION, DHONI P.O, PALAKKAD, KERALA, PIN
678 009
BY ADVS.
SRI.V.V.ASOKAN (SR.)
SRI.T.H.ABDUL AZEEZ
SRI.K.P.MAJEED
SRI.MOHAMMED SADIQUE.T.A
SHRI.SHANKAR V.
RESPONDENTS/PETITIONER/PLAINTIFF/RESPONDENTS 2 TO 7/DEFENDANTS 2
TO 7:
1 SIBI JOSEPH,
AGED 38 YEARS,
S/O. K.S JOSEPH, KALLAMACKAL HOUSE, DHONI P.O,
PALAKKAD PIN 678 009
2 STATE ENVIRONMENTAL IMPACT ASSESSMENT,
AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY, KSRTC
BUS TERMINAL COMPLEX, THAMBANOOR, TRIVANDRUM, PIN 695
001
3 ENVIRONMENTAL ENGINEER,
STATE POLLUTION CONTROL BOARD, NEAR DISTRICT
PANCHAYATH OFFICE, PALAKKAD PIN 678 001
4 GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT, TOWN BUS STAND,
PALAKKAD PIN 678 001
5 STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD, PIN 678 001
6 SECRETARY,
OP(C).No.1679 OF 2020 2
AKATHETHARA GRAMA PANCHAYATH, AKATHETHARA, PALAKKAD
PIN 678 009
7 SUB INSPECTOR OF POLICE,
HEMAMBIKA NAGAR, POLICE STATION, HEMAMBIKA NAGAR,
PALAKKAD PIN 678 009
R1 BY ADV. SRI.P.B.SAHASRANAMAN
R1 BY ADV. SRI.T.S.HARIKUMAR
R6 BY ADV. SRI.U.BALAGANGADHARAN
OTHER PRESENT:
SRI. JOHNSON M.I. (SR.G.P)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1679 OF 2020 3
JUDGMENT
This O.P invoking Article 227 of the Constitution of India was filed seeking to quash Ext.P5 ex-parte order of injunction passed in O.S.No.477 of 2020 by the Munsiff's Court, Palakkad.
2. When this matter was taken up, the learned counsel for the first respondent/plaintiff concedes that the order was passed by a court which did not have jurisdiction to entertain the suit. He submitted that he proposes to withdraw the suit and pursue appropriate remedies available under law before the appropriate legal forum.
3. In view of the submission made that the impugned order is not sustainable under law, it is quashed and accordingly, this O.P is allowed. OP(C).No.1679 OF 2020 4 It is made clear that this order will not affect the right of the first respondent/plaintiff to pursue the legal remedies available to it under law before appropriate forum.
Sd/-
T.V.ANILKUMAR, JUDGE pm OP(C).No.1679 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF WRIT PETITION (C) NO. 14175 OF 2020 DATED 02-07-2020 ALONG WITH THE EXHIBITS EXHIBIT P2 TRUE COPY OF THE JUDGEMENT DATED 22-07-
2020 IN W.P(C) NO. 14175 OF 2020 OF THE HON'BLE HIGH COURT OF KERALA EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S NO. 477 OF 2020 DATED 30-10-2020 BEFORE THE MUNSIFF COURT, PALAKKAD EXHIBIT P4 TRUE COPY OF I.A NO. 2575 OF 2020 DATED 30-10-2020 IN O.S NO. 477 OF 2020 EXHIBIT P5 TRUE COPY OF THE ORDER OF INJUNCTION IN EXHIBIT P4 DATED 04-11-2020 SERVED TO THE PETITIONER ON 05-11-2020 EXHIBIT P6 TRUE COPY OF I.A NO. 2576 OF 2020 DATED 30-10-2020 IN O.S NO. 477 OF 2020 ON THE FILES OF THE MUNSIFF COURT, PALAKKAD EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 03-10-2020 EXHIBIT P8 TRUE COPY OF THE JUDGEMENT DATED 06-05-
2020 REPORTED IN 2020 SCC ONLINE SC 441 IN RATNAGIRI NAGAR PARISHAD V. GANGARAM NARAYAN AMBEKAR EXHIBIT P9 TRUE COPY OF THE ORDER DATED 25-10-2016 IN W.P(C) NO. 10034 OF 2016 OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P10 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 24-05-2014 EXHIBIT P11 TRUE COPY OF THE MINING LEASE GRANTED TO THE PETITIONER BY THE DIRECTORATE OF MINING AND GEOLOGY DATED 22-08-2014 OP(C).No.1679 OF 2020 6 EXHIBIT P12 TRUE COPY OF THE CONSENT TO OPERATE ISSUED AND RENEWED FROM TIME TO TIME BY THE KERALA STAT EPOLLUTION CONTROL BOARD DATED 27-06-2012 EXHIBIT P13 TRUE COPY OF THE LICENCE ISSUED BY THE AKATHETHARA PANCHAYATH DATED 27-04-2020 RESPONDENTS' EXHIBITS: NIL