Kerala High Court
Usman vs Najeeb Hassan on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
RP.No.991 OF 2020 IN WP(C). 34623/2019
AGAINST THE JUDGMENT IN WP(C) 34623/2019(C) OF HIGH COURT OF
KERALA
REVIEW PETITIONER/3RD PARTY:
USMAN
S/O FATHIMAKUTTY
VELAKKATTIL HOUSE,
KARAKUTHANGADI, MUTHUTHALA POST,
VIA.PATTAMBI,
PALAKKAD DISTRICT-679 303.
BY ADV. SRI.C.A.ANOOP
RESPONDENTS/PETITIONER & RESPONDENTS:
NAJEEB HASSAN
1. AGED 37 YEARS, S/O KUNHIMARAKKAR HAJI,
NAMBRATH HOUSE,
VALANCHERRY.P.O, MALAPPURAM-676 552.
MUTHUTHALA GRAMA PANCHAYAT
2 KOZHIKOTTIRI.P.O,
PALAKKAD-679 303,
REPRESENTED BY ITS SECRETARY
SECRETARY,
3 MUTHUTHALA GRAMA PANCHAYAT
KOZHIKOTTIRI.P.O,
PALAKKAD-679 303
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 13.01.2021,
RP.894/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
[ RP.991/2020, RP.894/2020 ]
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
RP.No.894 OF 2020 IN WP(C). 34623/2019
AGAINST THE JUDGMENT IN WP(C) 34623/2019(C) OF HIGH COURT OF
KERALA
REVIEW PETITIONERS/RESPONDENTS:
1 MUTHUTHALA GRAMA PANCHAYAT
KOZHIKOTTIRI P O, PALAKKAD-679303, REPRESENTED BY
ITS SECRETARY.
2 SECRETARY
MUTHUTHALA GRAMA PANCHAYAT,
KOZHIKOTTIRI P O,
PALAKKAD-679303,
BY ADV. SRI.SANTHEEP ANKARATH
RESPONDENT/PETITIONER:
NAJEEB HASSAN
AGED 37 YEARS
S/O KUNHIMARAKKAR HAJI, NAMBRATH HOUSE,
VALANCHERRY P O, MALAPPURAM-676552.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
13.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
[ RP.991/2020, RP.894/2020 ]
3
O R D E R
Dated this the 13th day of January 2021
Review petitions are filed by the panchayat as
well as third party. The matter is related to
issuance of licence by the panchayat .
2. In the review petitions, it was
highlighted that without compliance of the
conditions in the environmental clearance
certificate, this Court could not have ordered
issuance of licence by the panchayat.
3. Issuance of licence by the panchayat is to
enable the petitioner to obtain quarrying lease.
Quarrying lease has to be granted by the Geologist.
There are conditions in the environmental clearance
certificate. One of the condition is seven meter
width concrete Road access to the site. The
panchayat has a case that there is no seven meter
Road in existence. In the environmental clearance
certificate, there are other stipulations in regard
to water tank as well. The geologist is bound to
examine compliance of the above conditions.
[ RP.991/2020, RP.894/2020 ]
Therefore, apprehensions of the panchayat and the
review petitioner can be safeguarded. The writ
petitioner has to satisfy with the conditions in the
environmental clearance certificate. The geologist
is bound to examine the compliance of the conditions
before granting quarrying lease.
With the above observations and clarifying the
judgment, review petitions are disposed of.
Sd/-
A.MUHAMED MUSTAQUE
SAS/13/01/2021 JUDGE
[ RP.991/2020, RP.894/2020 ]
APPENDIX OF RP 991/2020
PETITIONER'S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE MEMO SUBMITTED BY THE
GOVERNMENT PLEADER ALONG WITH THE REPORT OF
THE GEOLOGIST IN WP(C) NO.32863/2019
ANNEXURE-A2 TRUE COPY OF LETTER DATED 16.9.2019 ISSUED
BY KERALA WATER AUTHORITY
ANNEXURE-A3 TRUE COPY OF AFFIDAVIT DATED 24.2.2018
EXECUTED BY THE WRIT PETITIONER
ANNEXURE-A4 PHOTOGRAPHS (3 NOS.) SHOWING LANDSLIDE AND
ITS PROXIMITY TO THE WATER TANK.
ANNEXURE-A5 TRUE COPY OF ORDER DATED 21.8.2019 ISSUED
BY ADDITIONAL DISTRICT MAGISTRATE
ANNEXURE-A6 TRUE COPY OF REPORT DATED 18.9.2019
SUBMITTED BY GEOLOGIST TO THE DISTRICT
DISASTER MANAGEMENT AUTHORITY
ANNEXURE-A7 TRUE COPY OF ORDER DATED 26.12.2018 ISSUED
BY ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD
ANNEXURE-A8 TRUE COPY OF JUDGMENT DATED 22.2.2019 IN
WP(C) NO.1841/2019 PASSED BY THIS HON'BLE
COURT
ANNEXURE-A9 TRUE COPY OF REPORT DATED 24.2.2018
SUBMITTED BY MEMBERS OF STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY
ANNEXURE-A10 TRUE COPY OF SURVEY MAP PRODUCED BY THE
WRIT PETITIONER BEFORE VARIOUS AUTHORITIES
AND DATED NIL
ANNEXURE-A11 TRUE COPY OF LETTER NO.A4/5041/19 DATED
24.10.2019 ISSUED BY THE SECRETARY,
MUTHUTHALA GRAMA PANCHAYAT TO THE WRIT
PETITIONER
RESPONDENTS' EXHIBITS:- NIL
[ RP.991/2020, RP.894/2020 ]
APPENDIX OF RP 894/2020
PETITIONERS' EXHIBITS:
ANNEXURE-A1 TRUE COPY OF LETTER NO.A4/5041/19 DATED
24.10.2019 ISSUED BY THE SECRETARY,
MUTHUTHALA GRAMA PANCHAYAT TO THE WRIT
PETITIONER.
ANNEXURE-A2 TRUE COPY OF REPORT DATED 16.10.2019 OF THE
ASSISTANT ENGINEER, LSGD.
ANNEXURE-A3 TRUE COPY OF LETTER DATED 19/08/2019 FROM
THE VILLAGE OFFICER TO THE TAHSILDAR.
ANNEXURE-A4 TRUE COPY OF LETTER DATED 16/09/2019 ISSUED
BY KERALA WATER AUTHORITY.
ANNEXURE-A5 TRUE COPY OF AFFIDAVIT EXECUTED BY THE
RESPONDENT/WRIT PETITIONER.
ANNEXURE-A6 TRUE COPY OF SURVEY MAP OF THE PROPERTY AS
SUBMITTED BY THE WRIT PETITIONER.
ANNEXURE-A7 TRUE COPY OF REPLY DATED 15.11.2019
SUBMITTED BY THE WRIT PETITIONER BEFORE THE
SECRETARY, MUTHUTALA GRAMA PANCHAYAT.
ANNEXURE-A8 TRUE COPY OF COMMISSIONER'S REPORT IN OS
NO.119/2018 SERVED ON THE PANCHAYAT BY THE
WRIT PETITIONER ALONG WITH SKETCH AND DATED
24.9.2018.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
