Kerala High Court
Devassy vs The Union Of India on 25 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
WP(C) NO. 7344 OF 2014
PETITIONER/S:
1 DEVASSY
AGED 57 YEARS
S/O.LONAPPAN, PEREPPADAN HOUSE,
OMBATHUNGAL,KANJALIPPARA, MATTATHUR P.O.,
THRISSUR DISTRICT.
2 ELSY
AGED 58 YEARS
W/O.PAILAPPAN, ALAPADAN HOUSE, OMBATHUNGAL,
MATTATHUR P.O., THRISSUR DISTRICT.
3 SHAIJU K.V.
AGED 37 YEARS
S/O.VIJAYAN, KATTUNGAL HOUSE, OMBATHUNGAL
KUNJALIPPARA, MATTATHUR P.O., THRISSURDISTRICT.
4 PRABHAKARAN
AGED 70 YEARS
S/O.MANI, PORUMAMKULAM HOUSE,
OMBATHUNGAL,KUNJALIPPARA, MATTATHUR P.O.,
THRISSUR DISTRICT.
BY ADVS.
SRI.K.ABDUL JAWAD
SMT.VINEETHA V.KUMAR
RESPONDENT/S:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,MINISTRY OF MINES, NEW DELHI - 110 001
WP(C) NO. 7344 OF 2014
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2 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT,INDUSTRIES DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
3 THE DIRECTOR OF MINES SAFETY
BANGALORE - 560 002.
4 THE DIRECTOR OF INDIAN BUREAU OF MINES
GOVERNMENT OF INDIA, NAGPUR - 440 001.
5 THE DISTRICT COLLECTOR
(THE DISTRICT MAGISTRATE), THRISSUR-680 005
6 THE REVENUE DIVISIONAL OFFICER THRISSUR-680 005
7 THE TAHSILDAR
CHALAKKUDY, THRISSUR DISTRICT-680 005
8 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY,THRISSUR-680 005
9 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD
DISTRICTOFFICE, 6TH FLOOR, SUN TOWER, EAST FORT
P.O.,THRISSUR, PIN - 680 005.
10 THE DIVISIONAL FOREST OFFICER
FOREST DEPARTMENT, CHALAKKUDY 680 005
11 THE MATTATHUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,MATTATHUR P.O.,
PIN - 680 684.
12 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR,KAKKANAD
P.O., ERNAKULAM, PIN 682 037.`
WP(C) NO. 7344 OF 2014
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13 THE STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, KERALA, REPRESENTED BY
ITSCHAIRMAN, PALLIMUKKU, PETTAH
P.O.,THIRUVANANTHAPURAM PIN - 695 024.
14 E.N.SHAJAN
MANAGING PARTNER, EDATHADAN
GRANITES,OMBATHUNGAL, MATTATHUR P.O.,
THRISSURDISTRICT, PIN - 680 684.
BY ADVS.
SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
GOVERNMENT PLEADER
ASSISTANT SOLICITOR GENERAL
SRI.P.K.SURESH KUMAR SR.
SRI.K.P.SUDHEER
SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL
BOARD
SRI.M.R.VENUGOPAL
OTHER PRESENT:
SNR.GP. SRI. JUSTIN JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 7344 OF 2014
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JUDGMENT
The petitioner had challenged the mining activities of
the 14th respondent alleging it to be illegal. The contesting
respondent, the Panchayath and the Union of India had filed
detailed counter affidavits touching upon the merits of the
case. Today when the matter is taken up for hearing, it is
submitted by all the learned counsel that the lease period
for mining activities has expired in 2018. In that view of the
matter nothing remains to be decided in the writ petition. The
counsel for the petitioner submits that several contentions
were raised against the mining activities carried on and that
they may be granted liberty to question in case a fresh permit
is granted in future in violation of the relevant laws. Liberty is
granted .
This writ petition is closed as infructuous.
sd/-
MOHAMMED NIAS C.P.
JUDGE
STK
