Omana vs The State Of Kerala

Kerala High Court

Omana vs The State Of Kerala on 22 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
         WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                             WP(C) NO. 4354 OF 2017


PETITIONERS:

     1      OMANA
            AGED 45 YEARS, W/O.DHAMODARAN, REENA NIVAS, THOLAAMBRA,
            PURALIMALA, THALASSERY TALUK, KANNUR DISTRICT.

     2      PANKAJAKSHI
            AGED 52 YEARS, W/O.PRAKASAN, KUNNUMPARAMBATH,
            THOALLAMBRA, PURALIMALA , THALASSERY TALUK,
            KANNUR DISTRICT

            BY ADVS.
            SRI.K.R.SAJITH



RESPONDENTS:

     1      THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

     2      THE DIRECTOR OF MINING AND GEOLOGY
            DIRECTORATE OF MINING AND GEOLOGY,
            THIRUVANANTHAPURAM-695001.

     3      THE GEOLOGIST
            DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
            KANNUR, KANNUR DISTRICT, PIN-670001.

     4      THE DISTRICT COLLECTOR
            CIVIL STATION, KANNUR, KANNUR DISTRICT, PIN-670002.

     5      ANEESH KUMAR
            AGED 55 YEARS, S/O.MADHAVAN, MADHAVA NIVAS, VELLARVALLI P O,
            THALASSERY TALUK, KANNUR DISTRICT, PIN-670101.

     6      VINOD O T
            AGED 39 YEARS, S/O.BALAKRISHNAN, THULASI NIVAS,
            THALASSERY TALUK, KANNUR DISTRICT - 670101.
 WP(C) NO. 4354 OF 2017
                           2


          BY ADVS.
          SRI. B.S. SYAMANTAK, GP
          SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
          SRI.NIAS MOOPAN
          SRI.K.V.PAVITHRAN
          SRI.P.SAJU
          SRI.E.M.UNNIKRISHNAN MANJERI



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 4354 OF 2017
                                    3


               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
                W.P.(C) No.4354 of 2017
          ----------------------------------------------
        Dated this the 22nd day of May, 2024


                         JUDGMENT

The above writ petition is filed with the following prayers:

"i) Call for the records leading to Exhibit P4 and quash the same by issuing a writ of certiorari or any other appropriate writ;

ii) To issue of writ of mandamus or any other writ or a direction to respondents 1 to 4 commanding them to take appropriate steps to stop and to close down, forthwith the entire mining activities done by the respondent nos. 5 and 6 or any other persons in their respective title hold lease hold lands, specifically mentioned in Ext.P4.

iii) To issue a direction to the respondent nos. 1 to 4 to take all steps to undo the damages caused by the respondent nos. 5 and 6 to the environment including the filling up of the huge pits formed due WP(C) NO. 4354 OF 2017 4 to illegal mining and damages caused to the residential building and property of the petitioners and to realize the respective costs from respondents 5 and 6.

iv) Direct the respondents 1 to 4 to take prosecution against the respondents Nos. 5 and 6 for the unauthorized and illegal mining operations.

v) To issue other order, writ order or direction as this hon'ble court may deem fit in the facts and circumstances of the case." SIC

2. When this writ petition came up for consideration on 09.02.2017, this Court passed the following order;

"Admit.

Government Pleader takes notice for R1 to R4. Issue notice to R5 and R6.

The official respondent shall ensure that no quarrying is carried on by R5 and R6 without proper sanction and permits as also environmental clearance."

3. Today, when the matter came up for WP(C) NO. 4354 OF 2017 5 consideration, the learned counsel appearing for respondent Nos.5 and 6 submitted that the quarries are not functioning. If that be the case, nothing survives in this case. Hence, this writ petition can be closed.

Recording the above submission, this writ petition is closed. If there is any fresh cause of action to the petitioners, the same is left open.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 4354 OF 2017 6 APPENDIX OF WP(C) 4354/2017 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPIES OF THE BASIC TAX RECEIPTS DTD 10/1/2017 AND 6.2.2017 PETITIONERS FOR PROPERTY COMPRISED IN R.SY.NO.1/1A THOLAMBRA VILLAGE.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KANNUR.

EXHIBIT P2(A)        THE COPY OF THE ACKNOWLEDGEMENT
                     STATING  THE     APPLICATION   WAS

FORWARDED TO THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DTD 15/3/2016 IN WPC NO 9779/15 OF THE HON'BLE COURT EXHIBIT P4 THE TRUE COPY OF THE PERMIT DTD 4/4/2016 ISSUED BY THE GEOLOGIST/3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT IN JOSEPH MATHEW VS.

                     STATE    OF     KERALA, REPORTED IN
                     2016(3)KLT 102.




RESPONDENTS EXHIBITS           :NIL


                         // TRUE COPY //


                          PA TO JUDGE