Kerala High Court
Mariyamma Philip vs State Of Kerala And Others on 6 October, 2021
WP(C) NO. 23278 OF 2009 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 23278 OF 2009
PETITIONER/S:
MARIYAMMA PHILIP
W/O.C.P.PHILIP, VETTIRETH HOUSE,, KOMBANOLI, THALACHIRA
ERAM P.O.,, VADASSERIKKARA, PATHANAMTHITTA DISTRICT.
BY ADV SRI.NAGARAJ NARAYANAN
RESPONDENT/S:
1 STATE OF KERALA AND OTHERS
REP. BY THE PRINCIPAL SECRETARY TO GOVT.,, DEPARTMENT OF
REVENUE, GOVT. SECRETARIAT,, THIRUVANANTHAPURAM.
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA.
3 THE REVENUE DIVISIONAL OFFICER
THIRUVALLA.
4 TAHSILDAR RANNI.
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,, PATHANAMTHITTA.
6 K.J.THOMASKUTTY
KANNANTHANAM, VADASSERIKKARA,, PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.BECHU KURIAN THOMAS
SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23278 OF 2009 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.23278 of 2009
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Dated this the 6th day of October, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"i) Issue a writ of mandamus or any other appropriate writ,
direction or order, directing the respondents 2, 3 and 5 to take
appropriate action against the functioning of the crusher unit of
'Modern Rock Mining Industries' and blasting of rocks by the 6 th
respondent in Vadasserikkara, Pathanamthitta District.
ii) and to issue such other reliefs as this Honourable Court
may deem fit and proper in the circumstances of this case."
2. When this writ petition came up for consideration on
26.8.2009, this Court passed the following order :
"Counsel for R6 submits that quarrying operations are being
conducted by R6 only after obtaining requisite permission from
all statutory authorities. Submission is recorded. An affidavit
shall be filed affirming these facts on or before 8.9.09.
Post on 9.9.09."
3. Today, the matter came up for consideration again. I
heard the learned counsel for the petitioner and the learned
Government Pleader. The counsel for the petitioner submitted
that after recording the undertaking of the 6th respondent, the
writ petition can be closed. The learned Government Pleader
submitted that the 6th respondent is doing the activities after
getting licence and permission from the statutory authorities.
The learned counsel for the petitioner submitted that if there is
any surviving grievance to the petitioner, the petitioner may be
allowed to approach the statutory authorities, in accordance to
law.
Therefore, this writ petition is disposed in the following
manner.
1) The 6th respondent can continue with the
quarrying/crusher unit, if there is license and
permission from all statutory authorities.
2) If the petitioner has got any grievance against the
license/permission issued to the 6th respondent, he is
free to approach the statutory authorities, in
accordance to law.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED
22.9.2008
EXT.P2 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDNET DATED
7.2.2009.
EXT.P3 TRUE COPY OF THE RESPRESENTATION SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT DATED 19.2.2009.
RESPONDENT'S EXHIBITS :
EXT.R6(A) TRUE COPY OF THE LICENSE DATED 31.3.2009 ISSUED BY THE SECRETARY
VADASSERIKKARA GRAMA PANCHAYAT
EXT.R6(B) TRUE COPY OF THE LICENSE ISSUED BY MINISTRY OF COMMERCE AND
INDUSTRY, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION.
EXT.R6(C) TRUE COPY OF THE CERTIFICATE.
EXT.R6(D) TRUECOPY OF THE REPORT DATED 20.8.2009 SENT BY THE VILLAGE
OFFICER, VADASSERIKKARA TO THE
