Kerala High Court
A.S Safeerkhan vs Government Of India on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 30828 OF 2013
PETITIONER/S:
1 A.S SAFEERKHAN,AGED 36 YEARS,
S/O.ABDUL BASHEER,SHABINA MANZIL,
KALAYIL,KOLLAYIL.P.O,KADAKKAL,KOLLAM DISTRICT.
2 B.S.BAIJU
AGED 35 YEARS
S/O.SWAMINADHAN ASARI,
CHAKKAMALA,VATTAKKARIKKAKKAM.P.O,KOLLAM.
3 NOUSHAD,
AGED 49 YEARS
S/O NAGOOR
MYTHEEN,J.S.MANZIL,KALAYAIL,KOLLAYIL.P.O,
KADAKKAL,KOLLAM DISTRICT.
4 RASIYA BEEGOM
AGED 52 YEARS
D/O.MUHAMMED
KHALID,S.R.MANZIL,KALAYIL,KOLLAYIL.P.O,
KADAKKAL,KOLLAM DISTRICT.
5 SEENATH BEEVI
AGED 45 YEARS
D/O.SAINULABDEEN,JASMI MANZIL,
CHAKKAMALA,VATTAKKARIKKAKAM.P.O,KOLLAM.
6 SULAIMAN
AGED 53 YEARS
S/O.IBRAHIMKUTTY,HASEENA MANZIL,
KALAYIL,KOLLAYIL.P.O,KADAKKAL,KOLLAM DISTRICT.
BY ADVS.
SRI.K.SIJU KAMALASANAN
SRI.S.ABHILASH
SMT.BINDU GEORGE
WP(C) NO. 30828 OF 2013
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RESPONDENT/S:
1 GOVERNMENT OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENTAL & FORESTS,
PARYAVARAN BHAVAN,CGO COMPLEX,LODHI ROAD,
NEW DELHI-110003.
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
3 DISTRICT COLLECTOR
CIVIL STATION,KOLLAM-691013.
4 THE DISTRICT GEOLOGIST
DISTRICT OFFICE OF THE MINING AND GEOLOGY,
ASRAMAM,KOLLAM-691002.
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE,USHAS BUILDING,
BIG BAZAAR,KOLLAM-691001.
6 CHITHARA GRAMA PANCHAYATH
CHITHARA.P.O,KOLLAM REPRESENTED BY ITS
SECRETARY-691559.
7 TAHSILDAR
TALUK OFFICE,KOTTARAKKARA-691506.
8 VILLAGE OFFICER
CHITHARA VILLAGE,CHITHARA.P.O,KOLLAM-691559.
9 S.SUNIL KUMAR
AGED 49 YEARS
S/O.SUNDARESAN,SREELEKSHMI
HOUSE,REGHUNATHAPURAM,VARKALA,THIRUVANANTHAPURAM
-695141.
WP(C) NO. 30828 OF 2013
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BY ADVS.
R1- SRI.P.VIJAYAKUMAR,ASSISTANT SOLICITOR
GENERAL OF INDIA
R2 AND 3 - SRI.SURIN GEORGE IPE,SENIOR
GOVERNMENT PLEADER
R5- SRI.NAVEEN.T,SC
R6 - SRI.P.MOHANDAS (ERNAKULAM)
R9 - SRI.MILLU DANDAPANI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 30828 OF 2013
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JUDGMENT
This writ petition is filed by the petitioners
seeking the following reliefs
"i To issue a writ of mandamus commanding the
6th respondent panchayath to take immediate
action against the construction of crusher
unit by the 9th respondent, progressing in
violation of building permit and rules.
ii. Issue a writ of certiorari to call for
records leading to Ext.P5 to P9 and quash the
same.
iii. To issue a writ of mandamus or any other
appropriate writ order or direction, directing
the respondents 1 to 7 to conduct
Environmental Impact Assessment before
permitting the 9th respondent to start
operations of quarry and crusher in Block
No.56 of Chithara Village.
iv. To direct the respondents 1 to 7 to comply
with the directions of the Hon'ble Supreme
Court in Deepak Kumar & others Vs. State of
Haryana & others (2012 KHC 4150) before
granting / renewing any license for quarry /
crusher in the Kilithattu Ward of Chithara
Panchayath in Kollam District.":-
2. A detailed counter affidavit is filed by
the 4th respondent i.e. the District Geologist,
District Office of the Mining and Geology, Kollam.
WP(C) NO. 30828 OF 2013
However a detailed deliberation of the matter is
not required, since learned counsel for the
petitioner sought permission to withdraw the writ
petition.
In that view of the matter, this writ petition
is dismissed as withdrawn.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
