K.T.Mathew vs District Collector
2021 Latest Caselaw 21904 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        WP(C) NO. 15272 OF 2021
PETITIONER:
           K.T.MATHEW,
           AGED 63 YEARS
           S/O. K.M. THOMAS, RESIDING AT KATTIVEETTIL HOUSE,
           PERAVOOR ROAD, IRITTY, KANNUR DISTRICT,
           MANAGING PARTNER, MALABAR PLANTATIONS, MAVUNCHAL,
           CHUZHALI, SREEKANDAPURAM, KANNUR-670631.
           BY ADVS.
           ABDUL RAOOF PALLIPATH
           K.R.AVINASH (KUNNATH)
           E.MOHAMMED SHAFI
RESPONDENTS:

    1     DISTRICT COLLECTOR,
          KANNUR, DISTRICT COLLECTOR'S OFFICER, THAVAKKARA ROAD,
          KANNUR-670002.
    2     THE REVENUE DIVISIONAL OFFICER,
          THALIPARAMBA, REVENUE TOWER, TALIPARAMBA-670141.
    3     THE GEOLOGIST,
          MINING AND GEOLOGICAL DEPARTMENT DISTRICT OFFICE,
          THAVAKKARA, KANNUR-670002.
    4     THE DEPUTY SUPERINTENDENT OF POLICE,
          THALIPARAMBA, COURT ROAD, KANNUR-670141.
    5     THE VILLAGE OFFICER,
          CHUZHALI, VALAKKAI ROAD, KANNUR-670631.
    6     THE DEPUTY SUPERINTENDENT OF POLICE,
          THE VIGILANCE AND ANTI CORRUPTION BUREAU, KANNUR,
          THAVAKKARA, KANNUR-670002.
    7     STATE OF KERALA,
          REPRESENTED BY ITS SECRETRY TO REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001.
    8     K.GIREESH KUMAR, S/O.BALAN, KURUMATHUR AMSOM, VARADOOL
          DESOM, KURUMATHUR P.O.,
          KANNUR-670 142.
    9     SUDEEP KANNAMPALLY,
          S/O.VELAYUDHAN, KADAMPUZHA AMSOM DESOM, MALAPPURAM-676
          553. ADDITIONAL R8 AND R9 ARE IMPLEADED AS PER ORDER
          DATED 27-08-2021 IN IA 1/2021.
          RIYAL DEVASSY-GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.15272 OF 2021

                                         2


                           JUDGMENT

Dated this the 3rd day of November 2021 This Writ Petition is filed seeking the

following reliefs.

(i)Issue a writ of mandamus or any other writ order directing the respondents' to conduct proper investigation into the illegal mining in Chuzhali village and take appropriate action to stop such illegal activities.

(ii)Issue a writ of mandamus or any other writ order directing the 6th respondent to investigate into the complaint against such officials in the area who are supporting the antisocial elements by accepting illegal gratification from them.

(iii)Issue a writ of mandamus or any other writ or order directing the respondents to consider Exhibit P6 representation filed by the petitioner within such time which this Hon'ble Court may deem fit to grant.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader appearing for the

respondents. Though notice was taken out to

respondents 8 and 9, there is no appearance for the said

respondents.

3. Learned counsel for the petitioner submits that WP(C).No.15272 OF 2021

illegal mining operations are being carried out in a large

scale in the Government puramboke land and that in the

guise of the non-functioning of the offices due to the

covid pandemic, large scale illegal activities are going

on. Petitioner had submitted several representations

and reports have also been generated which supports

the case of the petitioner. It is submitted that Exhibit P6

is the last of the representations submitted by the

petitioner.

4. The learned Government Pleader submits that

pursuant to the representations submitted by the

petitioner, appropriate steps are being taken to see that

the illegal mining is put an end to. Hence, it is submitted

that effective steps are being taken by the respondents.

Having heard the learned counsel on either

side, I am of the opinion that the representations

submitted by the petitioner are liable to be considered

and appropriate penal and remedial measures are liable WP(C).No.15272 OF 2021

to be taken in accordance with law. In the above view

of the matter, there will be a direction to the respondents

to take up Exhibit P6 representation preferred by the

petitioner and to consider and pass a reasoned order on

the same, informing the petitioner as to the steps being

taken as well as the action initiated by the respondents

on his earlier representations and on the basis of the

reports generated with regard to the illegal activities in

the area in question. Appropriate action shall be taken

within a period of two months from the date of receipt of

copy of this judgment. The petitioner as well as any

other concerned persons, if any, shall be heard by any

appropriate means including video conferencing, before

orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/3/11 WP(C).No.15272 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF THE DOCUMENT NO.1470/1/1996 DATED Exhibit P1 10/05/1996.

A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE Exhibit P2 THE 1ST RESPONDENT DATED 14/09/2018. A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE Exhibit P2(A) THE 3RD RESPONDENT DATED 14/09/2018. A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE Exhibit P2(B) THE 4TH RESPONDENT DATED 14/09/2018. A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE Exhibit P2(C) THE 1ST RESPONDENT DATED 14/09/2018. A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE Exhibit P2(D) THE 6THRESPONDENT DATED 14/09/2018. TRUE COPY OF THE COMMUNICATION NO.2042/M4/2020 Exhibit P3 DATED 18/03/2020 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 TRUE PHOTOGRAPHS OF ILLEGAL MINING.

TRUE COPY OF THE STUDY REPORT DATED 30/06/2021 Exhibit P5 CONDUCTED BY THEKERALA SHASTHRA SAHITYA PARISHAT.

TRUE COPY OF THE REPRESENTATION DATED Exhibit P6 16/07/2021 BEFORE THE RESPONDENTS MADE BY THE PETITIONER.

RESPONDENTS' EXHIBITS:          NIL



  SSK                           //TRUE COPY//           PA TO JUDGE