Manju Joemon vs K.T.Varghese
2021 Latest Caselaw 3948 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                 RP.No.77 OF 2021 IN WP(C). 33150/2019

     AGAINST THE ORDER IN WP(C)NO.33150/2019(P) DATED 21.12.2020
                                -------


REVIEW PETITIONER/S:

                MANJU JOEMON, AGED 40 YEARS,
                W/O.LATE JOEMON JOSEPH,
                PARTNER, SANDROCK ASSOCIATES, VI/462A, EDATHALA
                BUILDING, NEELEESWARAM P O, KALADY, ERNAKULAM
                DISTRICT.

                BY ADV. SRI.BABU S. NAIR


RESPONDENT/S:

      1         K.T.VARGHESE, AGED 79 YEARS,
                S/O.K V THOMMAN, KAVALAKATTU HOUSE,
                MAMBRA, KARUKUTTI P O,
                ERNAKULAM DISTRICT, PIN-683576.

      2         M.O.PAUL, S/O. M.P.OUSEPH,
                MALIYEKKAL HOUSE,
                MAMBRA, KARUKUTTI P O,
                ERNAKULAM DISTRICT, PIN-683576.

      3         THE PARISTHITHI SAMRAKSHANA JANAKEEYA SAMITHI,
                REPRESENTED BY ITS PATRON, P P PHILIP,
                REGISTRATION NO.ER/527/08, KARUKUTTY P O,
                MAMBRA, ERNAKULAM DISTRICT, PIN-683576.

      4         THE STATE OF KERALA, REPRESENTED BY THE
                SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT,
                GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695001.

      5         THE DISTRICT SINGLE WINDOW CLEARANCE BOARD
                REPRESENTED BY ITS CHAIRMAN(DISTRICT COLLECTOR),
                DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION,
                KAKKANAD, ERNAKULAM DISTRICT, PIN-682030.

      6         DISTRICT COLLECTOR, DISTRICT COLLECTORATE,
                CIVIL STATION, KAKKANAD,
                ERNAKULAM DISTRICT, PIN-682030.
 R.P.No.77/2021                2


      7      THE DISTRICT GEOLOGIST,
             OFFICE OF THE MINING AND GEOLOGY DEPARTMENT,
             CIVIL STATION, KAKKANAD,
             ERNAKULAM DISTRICT, PIN-682030.

      8.     THE STATE ENVIRONMENT IMPACT ASSESSMENT
             AUTHORITY(SEIAA), K.S.R.T.C. BUS TERMINAL COMPLEX,
             4TH FLOOR, THAMBANOOR, THIRUVANANTHAPURAM,
             PIN-695001.

      9      THE PARAKKADAVU GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY, KURUMASSERY P.O.,
             MOOZHIKKULAM, ERNAKULAM DISTRICT, PIN-683579.

             R1-3 BY ADV. SRI.ABDUL JAWAD K.
             R1-3 BY ADV. SMT.A.GRANCY JOSE
             R4-R8 BY GOVERNMENT PLEADER, SRI.KANNAN
             R9 BY SRI.S.GOPINATHAN

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03.02.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P.No.77/2021                        3




                                   ORDER

Dated this the 3rd day of February 2021

The review petition was filed as against the

interim order passed by this Court in W.P.(C)

No.33150/2019 dated 21.12.2020. According to the

review petitioner, he could not produce certain

documents having bearing in the matter at time of

passing the interim order.

2. There is no scope for reviewing the order. The

review petitioner can very well produce the documents

to vacate the earlier order or press for hearing of

the entire matter. I find no reason to interfere in

the matter. Accordingly, the review petition is

dismissed.

The review petitioner is at liberty to move the

appropriate court for vacating the order. Both

parties also submitted that they are ready for final

hearing of the matter.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A TRUE COPY OF THE D & O LICENSE ISSUED TO THE REVIEW PETITIONER DATED 21/12/2020.

ANNEXURE-B TRUE COPY OF THE NOTICE ISSUED TO THE REVIEW PETITIONER BY THE DISTRICT GEOLOGIST DATED 12/7/2013.

ANNEXURE-C TRUE COPY OF THE NOTICE ISSUED TO THE REVIEW PETITIONER BY THE GEOLOGIST DATED 1/6/2013.

ANNEXURE-D TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY, PARAKKADAVU GRAMA PANCHAYATH DATED, 1/3/2013.

ANNEXURE-E TRUE COPY OF THE FIR IN CRIME NO. 858/2013 OF THE ANGAMALY POLICE STATION DATED , 6/4/2013.

ANNEXURE-F TRUE COPY OF THE ORDER DATED, 23/4/2013 OF THIS HON'BLE COURT IN WPC NO. 11274/2013.

ANNEXURE-G TRUE COPY OF THE NOTICE ISSUED TO REVIEW PETITIONER DATED, 25/6/2014 BY THE SECRETARY, PARAKKADAVU GRAMA PANCHAYATH.

ANNEXURE-H TRUE COPY OF THE DETAILS OF MACHINERIES INSTALLED BY THE PETITIONER AND A LIST WHICH PRODUCED BEFORE THE POLLUTION CONTROL BOARD, 8/8/2011.

ANNEXURE-I TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY HE POLLUTION CONTROL BOARD TO THE REVIEW PETITIONER DATED, 20.12.2012.

ANNEXURE-J TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE PARAKKADAVU GRAMA PANCHAYATH DATED, 27/4/2013.

ANNEXURE-K TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE OWNER OF THE LAND TO ERECT THE BUILDING FOR THE CRUSHER UNIT DATED, 22/8/2011.

RESPONDENT'S ANNEXURES

ANNEXURE-R1(A): TRUE COPY OF THE REPLY OF THE PCB DATED 31.05.2013.

ANNEXURE-R1(B): TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF PANCHAYAT DATED 09/05/2013.

ANNEXURE-R1(C): TRUE COPY OF THE JUDGMENT DATED 10.06.2013 OF THIS HON'BLE COURT IN W.P.(C) NO.8633/2013 AND CONNECTED CASE.