Kerala High Court
Shiyas P.L vs The State Of Kerala on 12 April, 2024
WP(C) No.15674/2024 1/3 Order Date : 12-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 15674 OF 2024
PETITIONER:
SHIYAS P.L, AGED 40 YEARS, S/O. LATHEEF, PALAYAMKODE HOUSE,
PORATHISSERY P.O,IRINJALAKUDA, PIN - 680125
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN -
680003
3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION ANNEX, CHEMMANDA ROAD,
IRINJALAKKUDA, THRISSUR, PIN - 680125
4. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PORATHISSERY, KARUVANNUR
P.O., THRISSUR, PIN - 680711
5. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN, PORATHISSERY, KARUVANNUR P.O.,
THRISSUR, PIN - 680711
6. THE DISTRICT GEOLOGIST, DISTRICT OFFICE, MINING & GEOLOGY, THRISSUR,
PIN - 680020
7. SREERAM K.ACHUTHAN, AGED 40 YEARS S/O. ACHUTHAN, KOMATHUKATTIL
HOUSE, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, IRINJALAKUDA.P.O.,
IRINJALAKUDA, PIN - 680121
8. SUNETHRA. K. S, W/O. ACHUTHAN, KOMATHUKATTIL HOUSE,MANAVALASSERY
VILLAGE, MUKUNDAPURAM TALUK, IRINJALAKUDA.P.O., THRISSUR, PIN -
680121
9. SARITH SALGUNAN ELENTHOLIL, S/O. SALGUNAN ELENTHOLIL, ELENTHOLIL
HOUSE,IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK IRINJALAKUDA.P.O.,
THRISSUR, PIN - 680121
10. DR. DEEPTHI UMESH, W/O. UMESH CHULLIPARAMBIL, CHAVAKAD
TALUK,ENGANDIYOOR VILLAGE, ENGANDIYOOR P.O., THRISSUR, PIN - 680615
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction restraining respondents 7 to 10 from
removing the clay from the paddy lands without obtaining sanction from
respondents 4 to 6, pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. DHANYA P.ASHOKAN (SENIOR.) Advocate along with M.R.VENUGOPAL, S.
MUHAMMAD ALIKHAN & ATHULYA V.R, Advocates for the petitioner the court
passed the following:
WP(C) No.15674/2024 2/3 Order Date : 12-04-2024
MOHAMMED NIAS C.P., J
-------------------------------------
W.P.(C)No.15674 of 2024
-------------------------------------
Dated this the 12th day of April, 2024
ORDER
Learned Government Pleader takes notice for respondents 1 to 6. Petitioner to take out notice to respondents 7 to 10 by speed post.
Having heard the Learned Senior Counsel Mrs Dhanya Asokan and perusing the documents produced, there will be an interim order directing respondents 2 to 4 and the 6th respondent to see that no reclamation/removal of clay is done from the paddy lands in question by respondents 7 to 10 without obtaining the requisite sanctions/permissions from respondents 4 to 6 pending disposal of the writ petition.
Post on 25.06.2024.
Sd/-
MOHAMMED NIAS C.P. JUDGE SSK/12/04 WP(C) No.15674/2024 3/3 Order Date : 12-04-2024 APPENDIX OF WP(C) 15674/2024 Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 18/03/2024 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 17/10/2020 BY THIS HON'BLE COURT IN WPC 31702/2022 Exhibit P3 TRUE COPY OF THE ORDER NO. C3-9739/2022 DATED 12/12/2022 ISSUED BY THE 3RD RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P4 TRUE COPY OF THE ORDER DATED 02/03/2023 BY THIS HON'BLE COURT IN RP 204/2023 IN WPC 31702/2022 Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 11/04/2023 ISSUED BY THE 4TH RESPONDENT, ALONG WITH THE REPORT UNDER SECTION 7 OF THE KERALA CONSERVATION OF PADDY AND WETLAND ACT, 2008, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 18/04/2023 ISSUED BY THE SECRETARY, IRINJALAKUDA MUNICIPALITY, TO THE 3RD RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 18/05/2023 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P8 TRUE COPY OF THE REPLY DATED 17/05/2023 ISSUED FROM THE OFFICE OF THE FISHERIES EXTENSION OFFICER, CHALAKKUDY, TO THE 3RD RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P9 TRUE COPY OF THE REQUEST DATED 12/05/2023 SUBMITTED BEFORE THE 6TH RESPONDENT BY THE PRESIDENT, POTTERY EMPLOYEES WELFARE SOCIETY, THRISSUR, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P10 TRUE COPY OF THE LETTER NO. DOTHR-DMG/1133/2023-M DATED 15/05/2023 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING DATED 30/11/2023 CONVENED BY THE 5TH RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P12 TRUE COPY OF THE COMMUNICATION DATED LETTER NO.
TLKMKM/1001/2023-B5 DATED 30/12/2023 ISSUED BY THE TAHSILDAR (LAND RECORDS) TO THE 3RD RESPONDENT, OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P13 TRUE COPY OF THE APPLICATION DATED 25/03/2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P14 TRUE COPY OF THE CONSENT LETTER DATED 12/05/2023 GIVEN BY RESPONDENTS 7 TO 10 IN FAVOUR OF POTTERY EMPLOYEES WELFARE SOCIETY Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 03/01/2024 IN WPC 28638/2023 Exhibit P16 TRUE COPY OF THE ORDER DATED 08/04/2024 ISSUED BY THE 6TH RESPONDENT Exhibit P17 TRUE COPY OF THE REPORT OF THE GEOLOGIST DATED 22/01/2022