Kerala High Court
Saraswathy K vs State Of Kerala on 12 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12596 OF 2017
PETITIONERS:
1 SARASWATHY K
W/O GOPALAKRISHNAN NAIR, AGED 65 YEARS, KOCHUKANDATHIL
HOSUE, KIZHATHIRI P.O., KOTTAYAM DISTRICT, PIN:686576.
2 K.N.THANKAPPAN
S/O NARAYANANA, KAZHUNNUKANDATHIL HOUSE, KIZHATHIRI P.O.,
KOTTAYAM DISTRICT, PIN:686576.
3 C.N.PRABHAKARAN
VADAKKEL HOSUE, KIZHATHIRI P.O.,
KOTTAYAM DISTRICT, PIN:686576.
BY ADVS.
SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
RESPONDENTS:
1 RAMAPURAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY - 686 576
2 ST.BASIL INDUSTRIES INDIA P LTD.
P.B.NO.2MMC VI 710 C9, II FLOOR, SURYA TOWER,
VELLOORKUNNAM, PIN:686 673 REPRESENTED BY ITS
MANAGING DIRECTOR, SHANS PAUL.
BY ADV SRI.BIBIN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12596 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.12596 of 2017
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Dated this the 12th day of April, 2024
JUDGMENT
The learned counsel appearing for the petitioner submitted that, the writ petition may be allowed to withdraw with liberty to file a fresh writ petition, if there is any fresh cause of action. The liberty is granted.
Therefore, the writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 12596 OF 2017 3 APPENDIX OF WP(C) 12596/2017 PETITIONER EXHIBITS EXHIBIT P1: A TRUE COPY OF THE ORDER DATED 21.2.2017 IN APPEAL NO.1088 OF 2016 BEFORE THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
EXHIBIT P2: A TRUE COPY OF THE RELEVANT EXTRACT OF DISTRICT DISASTER MANAGEMENT PLAN FOR KOTTAYAM DISTRICT FOR THE YEAR 2010.
EXHIBIT P3: A TRUE COPY OF THE QUESTIONNAIRE AND ITS REPLY DATED 11.3.2015, LAID BY THE MINISTER FOR MINISTRY OF SCIENCE AND TECHNOLOGY AND EARTH SCIENCE ON THE TABLE OF THE RAJYA SABHA.
EXHIBIT P4: A TRUE COPY OF THE REPORT DATED 22.7.2015, SUBMITTED BY THE TAHSILDAR, MEENACHIL TO THE DISTRICT COLLECTOR.
EXHIBIT P5: A TRUE COPY OF THE REPORT DATED 25.7.2015 SUBMITTED BY THE DEPUTY SUPERINTENDENT, SPECIAL BRANCH, KOTTAYAM TO THE DISTRICT COLLECTOR.
EXHIBIT P6: A TRUE COPY OF THE REPORT DATED 21.8.2015, SUBMITTED BY THE TAHSILDAR, MEENACHIL TO THE DISTRICT COLLECTOR.
EXHIBIT P7: A TRUE COPY OF THE RESOLUTION DATED 7.8.2015, TAKEN BY THE PANCHAYAT COMMITTEE.
EXHIBIT P8: A TRUE COPY OF THE RELEVANT EXTRACT OF THE TECHNICAL REPORT, SUBMITTED BY THE INSTITUTE OF LAND AND DISASTER MANAGEMENT.
EXHIBIT P9: A TRUE COPY OF THE REPORT DATED 6.5.2016, WP(C) NO. 12596 OF 2017 4 SUBMITTED BY THE ASST. DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, TO THE DISTRICT COLLECTOR.
EXHIBIT P10: A TRUE COPY OF THE REPORT DATED 23.5.2016, SUBMITTED BY THE CIRCLE INSPECTOR OF POLICE, RAMAPURAM, TO THE DISTRICT COLLECTOR.
EXHIBIT P11: A TRUE COPY OF THE REPORT DATED 25.5.2016, SUBMITTED BY THE GEOLOGIST TO THE DISTRICT COLLECTOR.
EXHIBIT P12: A TRUE COPY OF THE PROCEEDINGS DATED 13.6.2016, ISSUED BY THE DISTRICT COLLECTOR.
EXHIBIT P13: A TRUE COPY OF THE RESOLUTION DATED 15.6.2016, TAKEN BY THE RAMAPURAM PANCHAYATH COMMITTEE.
EXHIBIT P14: A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 7.4.2013, ISSUED BY THE 2ND RESPONDENT, TO THE 11TH RESPONDENT TO OPERATE THE QUARRY.
EXHIBIT P15: A TRUE COPY OF THE ORDER DATED 12.10.2015, ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P16: A TRUE COPY OF THE ORDER DATED 13.9.2013, ISSUED BY THE 6TH RESPONDENT, GRANTING QUARRYHING LEASE TO THE 11TH RESPONDENT.
EXBHIBIT P17: A TRUE COPY OF THE QUARRYING LEASE DEED DATED 26.9.2013, EXECUTED BETWEEN THE 7TH RESPONDENT AND 11TH RESPONDENT.
EXHIBIT P18: A TRUE COPY OF THE LETTER DATED 14.3.2014, ISSUED BY THE 10TH RESPONDENT TO THE 11TH RESPONDENT.
WP(C) NO. 12596 OF 2017 5 EXHIBIT P19: A TRUE COPY OF THE ORDER DATED 8.7.2016, IN R.P.NO.551/2016 IN W.A.NO.78/2015.
EXHIBIT P20: A TRUE COPY OF THE ORDER DATED 18.10.2016, IN SLP(C) CC NO.16456-16457/2016 BEFORE THE HONOURABLE SUPREME COURT.
EXHIBIT P21: A TRUE COPY OF THE ORDER DATED 2.9.2016 IN WPC NO.29397/2016.
EXHIBIT P22: A TRUE COPY OF THE LETTER DATED 3.9.2016, SUBMITTED BY THE 10TH RESPONDENT BEFORE THE DISTRICT DISASTER MANAGEMENT AUTHORITY.
EXHIBIT P23: A TRUE COPY OF THE RESOLUTION DATED 24.10.2016, TAKEN BY THE RAMAPURAM PANCHAYATH COMMITTEE.
EXHIBIT P24: A TRUE COPY OF THE MEMORANDUM OF APPEAL IN APPEAL NO.1088/2016 BEFORE THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
EXHIBIT P25: A TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONERS IN APPEAL NO.1088/2016 BEFORE THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
EXHIBIT P26: A TRUE COPY OF THE ORDER DATED 15.11.2016 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P27: A TRUE COPY OF THE PROCEEDINGS DATED 25.11.2016, ISSUED BY THE REVENUE DIVISIONAL OFFICER.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE