Muhammed Mushthak vs The State Of Kerala
2021 Latest Caselaw 18086 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 17254 OF 2021
PETITIONER:

          MUHAMMED MUSHTHAK,
          AGED 33 YEARS
          S/O. ABDURAHIMAN, KADALODI PARAMBIL, PERASSANNUR P.O,
          KUTTIPURAM, TIRUR, MALAPPURAM DISTRICT, KERALA -679 571

          BY ADVS.
          T.H.ARAVIND
          YEDHU KRISHNAN



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF ENVIRONMENT
          AND CLIMATE CHANGE, THIRUVANANTHAPURAM-695 001

    2     THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
          NEAR DISTRICT COURT, VELLARANGAL, MANJERI,

          KERALA-676 517

    3     THE DISTRICT POLLUTION CONTROL BOARD,
          KOZHIKODE-PALAKKAD HWY, UP HILL, MALAPPURAM,
          KERALA 676505,
          REPRESENTED BY THE DISTRICT OFFICER.

    4     THE DISTRICT COLLECTOR,
          COLLECTORATE, UP HILL, MALAPPURAM,
          KERALA, PIN- 676505.
OTHER PRESENT:

          SMT.SURYA BINOY B-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17254 OF 2021

                                   2




                             JUDGMENT

This writ petition is filed seeking directions to the

respondents 2 to 4 to stop running of illegal quarries being

carried out in the vicinity of the petitioner's property. The

learned counsel for the petitioner submits that illegal mining

activity has been going on without any license or permit in the

vicinity of the petitioner's property and that the petitioner has

approached respondents 2 to 4 with repeated representations

and that no steps have been taken thereof. It is submitted that

when such illegal quarrying had been carried on earlier, the

petitioner had approached the Police, who had taken appropriate

steps. However, it is submitted that illegal quarrying operations

have now being restarted by unknown persons and that the life

of the petitioner is in danger.

2. It is submitted by the learned Government Pleader

that no instructions have been received from the respondents 2

to 4 as yet. In any view of the matter, since the petitioner has

approached respondents with representations complaining of

illegal quarrying, I am of the opinion that it is for the 2 nd WP(C) NO. 17254 OF 2021

respondent to take an appropriate decision in the matter. There

will, accordingly, be a direction to the 2nd respondent to take up

Ext.P1 complaint preferred by the petitioner and to pass

appropriate orders on the same, after carrying out due

inspections. Appropriate follow up action shall also be taken by

the concerned officials in accordance with law as required. The

complaint of the petitioner shall be taken on record and

appropriate steps shall be taken thereon within a period of one

month from the date of receipt of a copy of this judgment. The

petitioner shall be put on notice and heard through any

appropriate means including video conferencing by the 2nd

respondent. The petitioner shall produce a copy of this writ

petition along with all details available with the petitioner as to

the location where the illegal quarry is being carried out before

the 2nd respondent for a proper compliance with the directions

contained in the judgment.

Sd/-

ANU SIVARAMAN JUDGE VPK WP(C) NO. 17254 OF 2021

APPENDIX OF WP(C) 17254/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE REPRESENTATION DATE 07.08.2021 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 07.08.2021 FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 07.08.2021 FILED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.