Kerala High Court
S.R.Relumraj vs Gems Grantie Company on 28 June, 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 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 24343 OF 2016
PETITIONERS:
1 S.R.RELUMRAJ
AGED 40 YEARS
S/O C. SELVARAJ, AGED 40, MACHAKUNNU VEEDU,
ALATHOOR ANAVOOR PO, TRIVANDRUM.
2 SHIHABUDEEN N.
S/O NAJUMUDEEN THANGAL, AGED 51, NAZEERA MANZIL,
KANIYANKULAM.
BY ADV SRI.K.ANAND
RESPONDENTS:
1 GEMS GRANTIE COMPANY
REP. BY ITS MANAGING DIRECTOR, ASHA THAMPI,
PERINGADAVILLA PO, TRIVANDRUM.
PIN-695 018
2 GRAND FOUR COMPANY
REP. BY ITS DIRECTOR NOUSHAD, PERINGADAVILLA PO,
TRIVANDRUM.
PIN-695 018
3 THE DISTRICT COLLECTOR
COLLECTORATE TRIVANDRUM.
PIN-695 001
4 POLLUTION CONTROL BOARD
REPRESENTED BY ITS SECRETARY, POLLUTION CONTROL
BOARD OFFICE, TRIVANDRUM.
PIN-695 001
5 THE GEOLOGIST
OFFICE OF THE DISTRICT GEOLOGIST, COLLECTORATE,
TRIVANDURM.
PIN-695 001
6 THE DIRECTOR OF MINES SAFETY
BANGALORE,
PIN-560002.
WP(C) NO. 24343 OF 2016
2
7 THE THASILDAR
NEYYATTINKARA TALUK.
8 THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY KERALA
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, PETTA,
PO, TRIVANDRUM.
9 THE DISTRICT POLICE CHIEF
COLLECTORATE PO, TRIVANDRUM.
10 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GOVERNMENT
INDUSTRIES DEPARTMENT, SECRETARIATE, TRIVANDRUM.
BY ADVS.
SRI.K.NIRMALAN
SRI.A.RAJASIMHAN
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 24343 OF 2016
3
P.V. KUNHIKRISHNAN, J.
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W.P.(C).No.24343 of 2016
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Dated this the 28th day of June, 2024
JUDGMENT
The above Writ Petition is filed with following prayers:
(i) " Issue a writ of mandamus or any other direction or order commanding the respondents prohibiting a quarrying work.
ii) Issue a writ of mandamus or removal of rocks from Pandavanpara by respondents 1 and 2 or by any other persons.
(iii) Issue a writ of certiorari or any other writ direction or order commanding the respondents not to cancel any quarrying permit to respondents 1 and 2 or any other person.
(iv) Declare that, as Pandavanpra is a Government protected monument or memorial removal of rocks or quarrying work therein is perse illegal.
(v) Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case."
[SIC]
2. The main prayer in this Writ Petition is to issue direction to respondents to prohibit quarrying work. This WP(C) NO. 24343 OF 2016 4 Writ Petition is pending before this Court from 2016 onwards. No interim order is passed by this Court in this case. If there is any surviving grievance to the petitioner, petitioner is free to approach the competent authority and the competent authority will do the needful in accordance with law.
Therefore, the above Writ Petition is disposed of.
Sd/-
P.V. KUNHIKRISHNAN JUDGE SSG WP(C) NO. 24343 OF 2016 5 APPENDIX OF WP(C) 24343/2016 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 2.7.2016.
EXHIBIT P2 TRUE COPY OF THE MATHRUBHUMI PAPER REPORT DATED 2.7.2016.