M/S Royal Sands And Gravels Pvt. ... vs M/S Royal Sands And Gravels Pvt. ...
2021 Latest Caselaw 633 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      OP(C).No.1679 OF 2020

AGAINST THE ORDER/JUDGMENT DATED 04-11-2020 IN I.A.NO.2575 OF 2020
       IN OS 477/2020 OF PRINCIPAL MUNSIFF COURT, PALAKKAD


PETITIONER/RESPONDENT 1/DEFENDANT 1:

             M/S ROYAL SANDS AND GRAVELS PVT. LIMITED
             REPRESENTED BY ITS MANAGING DIRECTOR, MOHAMMAD FAZEEL
             T.A, PLAZA JUNCTION, DHONI P.O, PALAKKAD, KERALA, PIN
             678 009

             BY ADVS.
             SRI.V.V.ASOKAN (SR.)
             SRI.T.H.ABDUL AZEEZ
             SRI.K.P.MAJEED
             SRI.MOHAMMED SADIQUE.T.A
             SHRI.SHANKAR V.

RESPONDENTS/PETITIONER/PLAINTIFF/RESPONDENTS 2 TO 7/DEFENDANTS 2
TO 7:

      1      SIBI JOSEPH,
             AGED 38 YEARS,
             S/O. K.S JOSEPH, KALLAMACKAL HOUSE, DHONI P.O,
             PALAKKAD PIN 678 009

      2      STATE ENVIRONMENTAL IMPACT ASSESSMENT,
             AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY, KSRTC
             BUS TERMINAL COMPLEX, THAMBANOOR, TRIVANDRUM, PIN 695
             001

      3      ENVIRONMENTAL ENGINEER,
             STATE POLLUTION CONTROL BOARD, NEAR DISTRICT
             PANCHAYATH OFFICE, PALAKKAD PIN 678 001

      4      GEOLOGIST,
             MINING AND GEOLOGY DEPARTMENT, TOWN BUS STAND,
             PALAKKAD PIN 678 001

      5      STATE OF KERALA,
             REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION,
             PALAKKAD, PIN 678 001

      6      SECRETARY,
 OP(C).No.1679 OF 2020                2

              AKATHETHARA GRAMA PANCHAYATH, AKATHETHARA, PALAKKAD
              PIN 678 009

       7      SUB INSPECTOR OF POLICE,
              HEMAMBIKA NAGAR, POLICE STATION, HEMAMBIKA NAGAR,
              PALAKKAD PIN 678 009

              R1 BY ADV. SRI.P.B.SAHASRANAMAN
              R1 BY ADV. SRI.T.S.HARIKUMAR
              R6 BY ADV. SRI.U.BALAGANGADHARAN

OTHER PRESENT:

              SRI. JOHNSON M.I. (SR.G.P)

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.1679 OF 2020                       3




                               JUDGMENT

This O.P invoking Article 227 of the

Constitution of India was filed seeking to

quash Ext.P5 ex-parte order of injunction

passed in O.S.No.477 of 2020 by the Munsiff's

Court, Palakkad.

2. When this matter was taken up, the

learned counsel for the first

respondent/plaintiff concedes that the order was

passed by a court which did not have

jurisdiction to entertain the suit. He

submitted that he proposes to withdraw the suit

and pursue appropriate remedies available under

law before the appropriate legal forum.

3. In view of the submission made that the

impugned order is not sustainable under law, it

is quashed and accordingly, this O.P is allowed.

It is made clear that this order will not affect

the right of the first respondent/plaintiff to

pursue the legal remedies available to it under

law before appropriate forum.

Sd/-

T.V.ANILKUMAR, JUDGE

pm

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF WRIT PETITION (C) NO. 14175 OF 2020 DATED 02-07-2020 ALONG WITH THE EXHIBITS

EXHIBIT P2 TRUE COPY OF THE JUDGEMENT DATED 22-07-

2020 IN W.P(C) NO. 14175 OF 2020 OF THE HON'BLE HIGH COURT OF KERALA

OF 2020 DATED 30-10-2020 BEFORE THE MUNSIFF COURT, PALAKKAD

EXHIBIT P4 TRUE COPY OF I.A NO. 2575 OF 2020 DATED 30-10-2020 IN O.S NO. 477 OF 2020

EXHIBIT P5 TRUE COPY OF THE ORDER OF INJUNCTION IN EXHIBIT P4 DATED 04-11-2020 SERVED TO THE PETITIONER ON 05-11-2020

EXHIBIT P6 TRUE COPY OF I.A NO. 2576 OF 2020 DATED 30-10-2020 IN O.S NO. 477 OF 2020 ON THE FILES OF THE MUNSIFF COURT, PALAKKAD

EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 03-10-2020

EXHIBIT P8 TRUE COPY OF THE JUDGEMENT DATED 06-05-

2020 REPORTED IN 2020 SCC ONLINE SC 441 IN RATNAGIRI NAGAR PARISHAD V. GANGARAM NARAYAN AMBEKAR

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 25-10-2016 IN W.P(C) NO. 10034 OF 2016 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P10 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 24-05-2014

EXHIBIT P11 TRUE COPY OF THE MINING LEASE GRANTED TO THE PETITIONER BY THE DIRECTORATE OF MINING AND GEOLOGY DATED 22-08-2014

EXHIBIT P12 TRUE COPY OF THE CONSENT TO OPERATE ISSUED AND RENEWED FROM TIME TO TIME BY THE KERALA STAT EPOLLUTION CONTROL BOARD DATED 27-06-2012

EXHIBIT P13 TRUE COPY OF THE LICENCE ISSUED BY THE AKATHETHARA PANCHAYATH DATED 27-04-2020

RESPONDENTS' EXHIBITS: NIL