Prajeesh R.P vs Karassery Grama Panchayath
2021 Latest Caselaw 10170 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                  WP(C).No.20541 OF 2016(P)


PETITIONER:

              PRAJEESH R.P.
              AGED 38 YEARS
              S/O.CHANDU, RAMAPURAMPARAMBIL, CHOLOOR P.O.,
              KOZHIKODE 673 601.

              BY ADV. SRI.GIREESH PANKAJAKSHAN

RESPONDENTS:

     1        KARASSERY GRAMA PANCHAYATH
              KARASSERY P.O., KOZHIKODE, REPRESENTED BY ITS
              SECRETARY 673 602.

     2        THE SECRETARY
              KARASSERY GRAMA PANCHAYATH, KARASSERY P.O.,
              KOZHIKODE 673 602.

     3        KARASSERY GRAMA PANCHAYATH COUNCIL
              KARASSERY P.O., KOZHIKODE, REPRESENTED BY ITS
              PRESIDENT - 673 602.


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.20541 OF 2016(P)        2




                           JUDGMENT

Dated this the 25th day of March 2021

This writ petition is filed by the petitioner seeking to

quash Ext.P2 order passed by the Secretary of Karassery

Grama Panchayath, Kozhikode District dated 30.12.2015,

whereby the petitioner was directed to stop illegal quarrying of

Laterite Stone forthwith, since the said illegal activity of the

petitioner is causing serious prejudice to the residents of the

Panchayath to collect drinking water from various sources. It is

also pointed out in the said order that consequent to the

quarrying activities, the water sources are getting

contaminated and therefore, the petitioner has to stop the

quarrying activity forthwith.

2. This writ petition has come up for admission before

this Court on 16.06.2016, on which date there was no

representation. Even though the writ petition is posted on

various occasions, the same was being adjourned obviously on

the request made by the learned counsel for the petitioner.

Today also, when the matter is taken up, there is no

representation for the petitioner.

3. Taking into account the seriousness of the matter

raised in Ext.P2 and since five years have elapsed after the

filing of the writ petition, I am of the considered opinion that

nothing remains to be considered in this writ petition and it

can only be presumed that Ext.P2 order was implemented by

the statutory authority in accordance with law. Therefore, the

writ petition has no sustenance and accordingly it is dismissed.

Sd/-

SHAJI P.CHALY JUDGE LEK

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT-P1 TRUE COPY OF THE LICENCE DATED 23/11/2015 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE KOZHIKODE.

EXHIBIT-P2 THE TRUE COPY OF THE STOP MEMO DATED 30/12/2015 ISSUED BY THE RESPONDENT GRAMA PANCHAYATH