Ponjassery Poura Samithi, Rep.By ... vs State Of Kerala
2021 Latest Caselaw 14497 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
           THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                    WP(C) NO. 5242 OF 2017
PETITIONER:

           PONJASSERY POURA SAMITHI,
           REP.BY CONVENER HASSAINAR.K.M.
           AGED 35 YEARS, S/O.MUSTHAFA,
           KIZHAKKAN,PONJASSERY PO, PERUMBAVOOR.
           BY ADVS.
           SRI.A.X.VARGHESE
           SRI.A.V.JOJO
           SMT.V.P.LACTISHA
           SRI.K.PREM SANKAR


RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS CHIEF SECRETARY,
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2      THE REVENUE SECRETARY
           REVENUE DEPARTMENT, STATE OF KERALA,
           SECRETARIAT, TRIVANDRUM-695 001.
    3      THE DISTRICT COLLECTOR
           ERNAKULAM-682030.
    4      THE REVENUE DIVISIONAL OFFICER
           MUVATTUPUZHA-686 669.
    5      THE VILLAGE OFFICER
           ARAKKAPPADY VILLAGE OFFICE,
           VENGOLA-683 554.
    6      VENGOLA GRAMA PANCHAYATH
           REPRESENTED BY ITS SECRETARY,
           VENGOLA-683 556.
   W.P(C).5242/2017
                             2

   7       GEOLOGIST
           DEPARTMENT OF MINING AND GEOLOGY,
           DISTRICT OFFICE, CIVIL STATION,
           KAKKANADU-682030.
   8       ENVIRONMENTAL ENGINEER
           KERALA STATE POLLUTION CONTROL BOARD,
           PANAMBILLY NAGAR, ERNAKULAM-682036.
   9       P.P.VARGHESE
           S/O.PAILY, PROPRIETOR, CHOONDAMALA GRANITE,
           WEST VENGOLA PO, CHOONDAMALA-683 556.
   10      BHAVANAM FOUNDATION KERALA
           REPRESENTED BY ITS AUTHORISED OFFICER,
           JANANI PROJECT, PONJASSERY SCHEME,TC 13/287/1,
           PPANACHAMOOTTIL, MULAVANA JUNCTION,KUNNUKUZHI,
           VANCHIYOOR PO, TRIVANDRUM-695 035.
 ADDL.11 HOLY FAITH BUILDERS AND DEVELOPERS PVT.LTD
         34/2353, MAMANGALAM, COCHIN-682025, KERALA,
         REPRESENTED BY ITS AUTHORIZED SIGNATORY,
         PAUL T P.
           (ADDL.R11 IS IMPLEADED VIDE ORDER DATED
           27/02/2017 IN IA.NO.3102/2007)
           BY ADVS.
           SRI SURIN GEORGE IPE SR GP FOR R1 TO R5 AND R7
           SRI.C.A.NAVAS FOR R6
           SRI. T. NAVEEN FOR R8
           SRI. A.T. ANIL KUMAR FOR R9
           SRI.P.N.SUKUMARAN FOR R10
           SRI.AKHIL S.VISHNU
           SRI.SANTHOSH MATHEW R11

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 13.07.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
        W.P(C).5242/2017
                                            3

                                    JUDGMENT

Dated this the 13th day of July, 2021

S. Manikumar, CJ.

Petitioner has sought for the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 8 to ensure that no mining/excavation is taken place in the hilly region comprised in Survey Nos.86/5-2-4, 86/5-1-3, 86/5- 1-2 and 86/5-2-2 of Arakkappady Village in Ward No.23 of Vengola Grama Panchayat.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 8 to pay compensation to the affected citizens in area due to the illegal mining operations under public law in view of the "polluter pay" principles enunciated by the Apex Court."

2. Mr. A.V. Jojo, learned counsel for the petitioner submitted that

writ petition can be closed.

Placing on record the above, writ petition is closed.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.