Divya K vs The District Collector, Malappuram

Kerala High Court

Divya K vs The District Collector, Malappuram on 21 May, 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
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 25975 OF 2017
PETITIONER:

            DIVYA K.
            AGED 32 YEARS
            D/O.AYYAPPAN, AGED 32 YEARS, ILLATH PURAYIL,
            ANTHIYOORKUNNU,POST PULIKKAL, MALAPPURAM DISTRICT

            BY ADVS.
            SRI.R.SUDHISH
            SMT.M.MANJU



RESPONDENTS:

    1       THE DISTRICT COLLECTOR, MALAPPURAM

    2       REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE,PEERINTHALMANNA, MALAPPURAM
            679 322

    3       THE DIRECTOR
            DIRECTORATE OF MINING AND GEOLOGY,KESAVADASAPURAM,
            PATTAM PALACE P.O,THIRUVANANTHAPURAM 695 004

    4       THE GEOLOGIST
            DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGYMINI
            CIVIL STATION, MANJERI P.O,MALAPPURAM 676 121

    5       KERALA STATE POLLUTION CONTROL BOARD
            REPRESENTED BY ITS DIRECTOR,PATTOM P.O,
            THIRUVANANTHAPURAM 695 004

    6       DEPUTY DIRECTOR OF PANCHAYATHS
            OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATHS,CIVIL
            STATION, UPHILL P.O, MALAPPURAM 676 505

    7       VILLAGE OFFICER
            PULIKKAL VILLAGE OFFICE,POST PULIKKAL, MALAPPURAM, PIN
            673 637

    8       PORT LAND GRANITE PRIVATE LIMITED
            REPRESENTED BY ITS MANAGING DIRECTOR,
 W.P (C) No.25975 of 2017


                                    2

             SHEREEF,OLAVATTOOR, CHEVITTANIKKUNNU, MALAPPURAM
             673 638

             BY ADVS.
             SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
             BOARD,
             SRI.P.MARTIN JOSE
             SRI.P.PRIJITH
             SRI.S.SREEKUMAR SR.
             SRI.S.K.SAJU
             SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL
             BOARD
             SRI.THOMAS P.KURUVILLA

             SRI.RIYAL DEVASSY, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P (C) No.25975 of 2017


                                      3

                  P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.25975 of 2017
            ---------------------------
              Dated this the 21st day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P2 within a time frame fixed by this Honourable Court.

ii) Issue a declaration, declaring that the 8 th respondent is not having any right to quarry the granite from his property as the 8 th respondent has not obtained proper license and permission from the authorities concerned.

iii) Issue such other writ, order or direction which this Honourable Court may deem fit and proper in the facts and circumstances of the case." [SIC]

2. The main grievance of the petitioner is that there is illegal quarrying by the 8th respondent. The 8th respondent filed a counter denying all the averments of the writ petitioner.

3. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 1 st respondent to consider Ext.P2 within a time frame. I think that prayer can be allowed. But, I make it clear that I have not considered the matter on merit and the competent authority is free to pass W.P (C) No.25975 of 2017 4 appropriate orders, in accordance with law.

Therefore, this writ petition is disposed of with the following directions:-

1) The 1st respondent is directed to consider and pass appropriate orders in Ext.P2, after giving an opportunity of hearing to the petitioner and the 8 th respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition with exhibits before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.25975 of 2017 5 APPENDIX OF WP(C) 25975/2017 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE REGISTERED ASSIGNMENT DEED DATED 21-09-2010 OF SUB REGISTRAR'S OFFICE, VAZHAKKAD EXHIBIT P2 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1-3-2017 RESPONDENT'S EXHIBITS EXHIBIT R8(A) A TRUE COPY OF THE SALE DEED DATED 10.01.2012.

EXHIBIT R8(B) A TRUE COPY OF THE PLAINT PRESENTED BY THE PETITIONER BEFORE THE MUNSIFF COURT MANJERI AS O.S.NO.12/2013 DATED 30.11.2013 EXHIBIT R8(C) A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT NOS.1 & 2 IN O.S.NO.123/2013 EXHIBIT R8(D) A TRUE COPY OF THE WRITTEN STATEMENT DATED 19.12.2015 IN O.S.NO.123/2013 BEFORE THE MUNSIFF COURT MANJERI EXHIBIT R8(E) A TRUE COPY OF THE QUARRYING LEASE DATED 06.12.2010.

EXHIBIT R8(F) A TRUE COPY OF THE LICENSE DATED 01.04.2017 ISSUED BY THE PULIKKAL GRAMA PANCHAYATH IN THE NAME OF THE RESPONDENT COMPANY.

EXHIBIT R8(G) A TRUE COPY OF THE SANITARY CERTIFICATE DATED 23.02.2017 ISSUED BY THE HEALTH INSPECTOR, PHC, PULIKKAL SECTION. EXHIBIT R8(H) A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 09.08.2017 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT R8(I) A TRUE COPY OF THE PROCEEDINGS DATED W.P (C) No.25975 of 2017 6 21.03.2017 ISSUED BY THE 3RD RESPONDENT TO THIS RESPONDENT FOR PAYMENT OF CONSOLIDATED ROYALTY EXHIBIT R8(J) A TRUE COPY OF THE JUDGMENT DATED 22.12.2015 IN WP(C) NO.39327/2015 EXHIBIT R8(K) A TRUE COPY OF THE PROCEEDINGS DATED 01.08.2017 BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) KERALA.