Janakiamma vs State Of Kerala
2021 Latest Caselaw 13143 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 23RD DAY OF JUNE 2021/2ND ASHADHA, 1943
                     WP(C) NO. 2202 OF 2021


PETITIONER:

         JANAKIAMMA, AGED 75 YEARS,
         D/O.LATE KRISHNA PILLAI, AMBATT HOUSE,
         PANORAMA LANE, KUMARANASHAN ROAD,
         KADAVANTHRA, PIN - 682 020.

         BY ADVS.
         P.HARIDAS
         SRI.BIJU HARIHARAN
         SRI.P.C.SHIJIN
         SRI.RISHIKESH HARIDAS


RESPONDENTS:

    1    STATE OF KERALA REPRESENTED BY
         ITS SECRETARY, DEPARTMENT OF REVENUE,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.

    2    STATE ENVIRONMENTAL IMPACT ASSESSMENT
         AUTHORITY (SEIAA) REPRESENTED BY
         ITS SECRETARY, K.S.R.T.C.BUS TERMINAL
         COMPLEX, 4TH FLOOR, THAMPANOOR,
         THIRUVANANTHAPURAM, PIN- 695 001.

    3    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         ADOOR, PIN - 689 101.

    4    TAHSILDAR KOZHENCHERRY,
         KOZHENCHERRY TALUK OFFICE,
         GROUND FLOOR, MINI CIVIL STATION,
         KOZHENCHERRY, THIRUVALLA - KUMBAZHA HIGHWAY,
         PATHANAMTHITTA, KERALA, PIN - 689 645.
 WP(C) No.2202/2021
                            :2 :


     5     GEOLOGIST PATHANAMTHITTA,
           THE GEOLOGIST DISTRICT OFFICE,
           DEPARTMENT OF MINING AND GEOLOGY,
           5TH FLOOR, REVENUE TOWERS, ADOOR P.O.,
           PATHANAMTHITTA, PIN - 691 523.

     6     DISTRICT ENGINEER,
           KERALA STATE POLLUTION CONTROL BOARD,
           PATHANAMTHITTA, PIN - 689 645.

     7     VILLAGE OFFICER, KULANADA,
           VILLAGE OFFICE,
           KULANADA, PIN - 689 503.

     8     SECRETARY, KULANADA GRAMA PANCHAYATH,
           KOZHENCHERRY TALUK,
           PATHANAMTHITTA DISTRICT, PIN - 689 503.

     9     SAJI PLAMOOTTIL, AGED ABOUT 52 YEARS,
           S/O.SAMUEL PLAMOOTTIL, PLAMOOTTIL HOUSE,
           ULANADU P.O., PANDALAM,
           PATHANAMTHITTA DISTRICT, PIN - 689 503.

           BY ADVS.
           GOVERNMENT PLEADER SMT.G.RANJITA -R1, R3-R7.
           SRI.M.P.SREEKRISHNAN, SC FOR R2
           SRI.V.SETHUNATH -R8
           SRI.M.KIRANLAL-R9
           SRI.MANU RAMACHANDRAN-R9
           SRI.T.S.SARATH-R9
           SRI.R.RAJESH (VARKALA)-R9
           SHRI.SAMEER M NAIR-R9

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.2202/2021
                                :3 :




                        JUDGMENT

~~~~~~~~~

Dated this the 23rd day of June, 2021

The petitioner, a Senior Citizen and resident of

Kulanada Village, is seeking to direct the 4 th respondent to

take immediate action to see that the 9 th respondent shall not

conduct any mining or excavation in his property without

obtaining Environmental Clearance and mining permit.

2. The petitioner's property is on a hillock on the

western side of Polachira-Paanil PWD Road. The 9 th

respondent holds 25 cents of land on the northern side of the

petitioner's property. According to the petitioner, on the road

margin, these properties are at a height of 12 feet and is

inclined toward east up to 50 feet. The 9 th respondent is now

razing the entire hillock to the level of the road and is selling

earth lying higher than the road level. WP(C) No.2202/2021

3. The 9th respondent is allegedly exploiting red earth

without following the procedure prescribed under the Mines

and Minerals (Development and Regulation) Act, 1957. The

excavation is dangerous as it will take away lateral support of

the petitioner's property resulting in danger to the life and

property. Though the petitioner filed complaints to the

competent authorities, no preventive or punitive action is taken

against the 9th respondent, contends the petitioner.

4. The learned counsel for the 9 th respondent, on the

other hand, submits that the 9 th respondent has obtained

development permit and developing the property following all

statutory rules. The 9th respondent has applied for Ext.R9(f)

application for mineral transit pass and he intends to construct

a house in his property before the onset of monsoon.

5. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

and 3 to 7, the learned Standing Counsel for the 2 nd

respondent, learned Standing Counsel for the 8 th respondent-

Panchayat and the learned counsel for the 9 th respondent. WP(C) No.2202/2021

6. As the allegations levelled by the petitioner involve

disputed questions of facts, this Court is of the considered

opinion that competent statutory authorities shall consider the

grievances raised by the petitioner, at least at the first

instance. The petitioner has filed Exts.P2 and P5

representations before the 5th respondent-Geologist, before

whom the application of the 9 th respondent for mineral transit

pass is also pending.

In the facts of the case, the writ petition is disposed

of directing the 5th respondent to consider Exts.P3 and P5

representations filed by the petitioner and pass appropriate

orders thereon, in accordance with law, within a period of six

weeks positively, after giving an opportunity of hearing to the

petitioner and the 9th respondent. The 5th respondent may

resort to virtual hearing / video conferencing for hearing, if the

situation so warrants.

Sd/-

N. NAGARESH, JUDGE

aks/24.06.2021 WP(C) No.2202/2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18/08/2020.

EXHIBIT P2           TRUE COPY OF THE REPRESENTATION SUBMITTED
                     BEFORE   THE    DISTRICT   COLLECTOR   AND

RESPONDENTS 3 TO 5, 7& 8 DATED 21/01/2021.

EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY 7TH RESPONDENT DATED 21/01/2021.

EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY 8TH RESPONDENT DATED 21/01/2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DATED 22/01/2021.

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