Annie vs State Of Kerala

Kerala High Court

Annie vs State Of Kerala on 23 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
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                           WP(C) NO. 26873 OF 2017


PETITIONER:

              ANNIE
              AGED 58 YEARS, W/O. LATE PAUL, THAKKAMANGALAM HOUSE,
              KARICODE, MULANTHURUTHY, PIN-682 314

              BY ADV SRI. IEANS.C.CHAMAKKALA



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARI,LOCAL SELF
              GOVERNMENT DEPARTMENT, GOVT, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN-695 004

     2        MULANTHURUTHY GRAMA PANCHAYAT
              REPRESENTED BY ITS SECRETARY, MULANTHURUTHY PO.,
              ERNAKULAM DISTRICT, PIN-682 314

     3        THE VILLAGE OFFICER
              MULANTHURUTHY VILLAGE OFFICE, MULANTHURUTHY,
              ERNAKULAM DISTRICT, PIN-682 314

     4        THE GEOLOGIST
              DISTRICT OFFICE OF MINING AND GEOLOGY,
              ERNAKULAM, PIN-682 030

     5        THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
              REP BY ITS SECRETARY, DIRECTORATE OF ENVIRONMENT AND
              CLIMATE, PALLIMUKU, PETTA PO.,
              THIRUVANANTHAPURAMPIN-692 024

     6        THE TAHASILDAR
              KANAYYANNUR TALUK, ERNAKULAM, PIN-682 011

     7        ASSISTANT ENGINEER
              OFFICE OF THE ASSISTANT ENGINEER,
              ELECTRICAL SECTION, ARAKKUNNAM, PIN-682 313
 WP(C) NO. 26873 OF 2017
                            2


          BY ADVS.
          SRI. RIYAL DEVASSY, GP
          SRI. P.MARTIN JOSE - R2
          SRI. P.PRIJITH
          SRI. S.SREEKUMAR (SR)
          SRI. THOMAS P. KURUVILLA




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 26873 OF 2017
                                3




               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.26873 of 2017
          ----------------------------------------------
        Dated this the 23rd day of May, 2024


                          JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents to permit petitioner to remove the soil immediately in the southern boundary of petitioner's property which may be tumbled down to the main road at any time, without obtaining Environmental Clearence from 5th respondent.

(ii) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." SIC

2. When this writ petition came up for consideration on 14.08.2017, this Court passed the WP(C) NO. 26873 OF 2017 4 following order:

"Admit.

Government Pleader takes notice for R1, R3, R4, R5, R6 and R7. Issue notice to R2.

The 4th respondent along with respondents 3 and 7 shall inspect the site and permit removal of the earth under their supervision so as to comply with Ext.P5 order."

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 2nd respondent Panchayat.

4. After hearing both sides, I think, this writ petition need not be retained here. Recording the order dated 14.08.2017, this writ petition can be disposed of.

Accordingly, this Writ Petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 26873 OF 2017 5 APPENDIX OF WP(C) 26873/2017 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPYOF THE NEWS ITEM PUBLISHED MANGLAM DAILY NEWS PAPER DATED 10.7.2017 EXHIBIT P2: TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE PETITIONERS PROPERTY WHICH IS LYING IN DANGEROUS POSITION EXHIBIT P3: THE TRUE COPY OF THE LETTER ISSUE DBY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 28.6.2017 EXHIBIT P4: THE TRUE COPY OF THE REPORT ISSUED BY THE 3RD RESPONDENT TO THE OFFICE OF 6TH RESPONDENT DATED 28.6.2017 EXHIBIT P5: THE TRUE COPY OF THELETTER ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT DATED 12.7.2017 EXHIBIT P6: THE TRUE COPY OF THE REPORT ISSUED BY THE 4TH RESPONDENT TO THE DISTRICT COLLECTOR, ERNAKULAM DATED 24.7.2017 EXHIBIT P7: THE TRUE COPY OF THE NO-OBJECTION CERTIFICATE ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED 27.7.2017 RESPONDENTS EXHIBITS :NIL // TRUE COPY // PA TO JUDGE