Santhamma vs The District Disaster Management ...

Citation : 2022 Latest Caselaw 9348 Ker
Judgement Date : 10 August, 2022

Kerala High Court
Santhamma vs The District Disaster Management ... on 10 August, 2022
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                            WP(C) NO. 17710 OF 2022
PETITIONERS:

     1         SANTHAMMA
               AGED 67 YEARS
               W/O AYYAPPAN PILLAI, NEDUNTHOTTIL VADAKKATHIL,
               1008, MANAKKARA,
               SASTHAMCOTTA P.O., KOLLAM DISTRICT, PIN - 690521

     2         AYYAPPAN PILLAI
               AGED 68 YEARS
               S/O NARAYANA PILLAI,
               NEDUNTHOTTIL VADAKKATHIL, 1008, MANAKKARA,
               SASTHAMCOTTA P.O., KOLLAM DISTRICT, PIN - 690521

               ADVS.SRI.MANU RAMACHANDRAN
               SRI.M.KIRANLAL
               SRI.R.RAJESH (VARKALA)
               SRI.T.S.SARATH
               SAMEER M NAIR
               HARSHA SUSAN SAM
               GEETHU KRISHNAN

RESPONDENTS:

     1         THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
               KOLLAM DISTRICT REPRESENTED BY ITS
               CHAIRMAN/ DISTRICT COLLECTOR, PIN - 691013

     2         THE DISTRICT GEOLOGIST, KOLLAM DISTRICT
               DISTRICT OFFICE OF MINING & GEOLOGY,
               KOLLAM DISTRICT, PIN - 691002

     3         TAHASILDAR(LR)
               TALUK OFFICE, KUNNATHOOR,
               KOLLAM DISTRICT, PIN - 690521

     4         THE SECRETARY
               GRAMA PANCHAYAT OF SASTHAMCOTTA,
               KOLLAM DISTRICT, PIN - 691521

               SMT.DEEPA NARAYANAN - SR. GP

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17710 OF 2022
                                   2



                            JUDGMENT

The above writ petition is filed challenging the order No.DCKLM/1827/2020-DM2(5) dated 02.07.2021 by the Chairman, District Disaster Management Authority. In judgment dated 19.07.2022 in W.P.(c).No.15079 of 2021 and other connected cases this Court already quashed the order No.DCKLM/1827/2020- DM2(5) passed by the Chairman, District Disaster Management. In the light of the same, nothing survives in this writ petition. Therefore, this writ petition is disposed of in tune with the judgment dated 19.07.2022. There will be a further direction to the 2nd respondent to consider the petition submitted as evident by Ext.P3 and pass appropriate orders in it as expeditiously as possible at any rate within one month from the date of receipt of copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 17710 OF 2022 3 APPENDIX OF WP(C) 17710/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT NO.

BA(10094)/2022 DATED 10.01.2022 ISSUED TO THE PETITIONERS BY 4TH RESPONDENT. Exhibit P2 THE TRUE COPY OF THE DEVELOPMENT PERMIT NO. C2-BA(25139)/2022 DATED 20.01.2022 Exhibit P3 THE TRUE COPY OF THE APPLICATION DATED 13.01.2022 ALONG WITH RECEIPT NO. 208/DOQ/S2/2022 DATED ON 20.01.2022 ISSUED BY THE OFFICE OF 2ND RESPONDENT ON ACCEPTING THE APPLICATION FOR MINERAL TRANSIT PASS .

Exhibit P4 THE TRUE COPY OF THE DIRECTIONS OF THE 1ST RESPONDENT VIDE DCKLM/1827/2020- DM2(5) DATED 02.07.2021 .

Exhibit P5 THE TRUE COPY OF THE INTERIM ORDER DATED 02.11.2021 OF THIS HON'BLE COURT IN WP(C) NO. 23847/2021 .