Vazhathara Granites And ... vs Kerala State Disaster Management ...
2021 Latest Caselaw 3089 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                     WP(C).No.2204 OF 2021(A)


PETITIONER:

               VAZHATHARA GRANITES AND AGGREGATES PVT.LTD.
               VAZHATHARA BUILDING, PUTHUPALLY, KOOTIKAL P.O.,
               KOTTAYAM - 686 514, REPRESENTED BY ITS MANAGING
               DIRECTOR SRI.K.J.THOMASKUTTY.

               BY ADVS.
               SRI.ENOCH DAVID SIMON JOEL
               SRI.S.SREEDEV
               SRI.RONY JOSE
               SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:

      1        KERALA STATE DISASTER MANAGEMENT AUTHORITY
               VIKAS BHAVAN P.O., NANTHANCODU, THIRUVANANTHAPURAM
               - 695 033, REPRESENTED BY ITS MEMBER SECRETARY.

      2        DISTRICT DISASTER MANAGEMENT AUTHORITY
               COLLECTORATE, KOTTAYAM - 686 002,
               REPRESENTED BY ITS CHAIRMAN.


               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2204 of 2021                 2




                                JUDGMENT

The petitioner has preferred Ext.P4 representation before the 1st

respondent seeking an exclusion of an area that he proposes to carry on

mining activities in, from the red zone under which it is presently

included. The limited prayer in the writ petition is for a direction to the

1st respondent to consider Ext.P4 representation and pass orders

thereon, expeditiously, after hearing him.

2. I have heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for the

respondents.

On a consideration of the facts and circumstances of the case as

also the submissions made across the bar, I dispose the writ petition with

a direction to the 1st respondent to consider and pass orders on Ext.P4

representation, within 8 weeks from the date of receipt of a copy of this

judgment, after hearing the petitioner. The petitioner shall produce a

copy of the writ petition together with a copy of this judgment before the

1st respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/28.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1               TRUE   COPY      OF   THE    ORDER   DATED
                         08/08/2019      ISSUED    BY     THE   2ND
                         RESPONDENT.

EXHIBIT P2               TRUE   COPY      OF   THE    ORDER   DATED
                         04/09/2019      ISSUED    BY     THE   2ND
                         RESPONDENT.

EXHIBIT P3               TRUE   COPY      OF   THE    ORDER   DATED
                         15/01/2020      ISSUED    BY     THE   2ND
                         RESPONDENT.

EXHIBIT P4               TRUE COPY OF THE REPRESENTATION DATED

24/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE