Sofi Shajan vs District Disaster Management ...
2022 Latest Caselaw 9354 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                               WP(C) NO. 5130 OF 2022
PETITIONERS:

     1         SOFI SHAJAN
               W/O SHAJAN CHERIYAN, AGED 47 YEARS
               THUNDUVILLA VEEDU, ANAPUZHACKAL, ANCHAL P.O.,
               KOLLAM DISTRICT, PIN - 691306

     2         SHAJAN CHERIYAN
               AGED 57 YEARS, S/O LATE CHERIYAN VARGHESE ,
               THUNDUVILLA VEEDU, ANAPUZHACKAL, ANCHAL P.O.,
               KOLLAM DISTRICT, PIN - 691306

               ADVS.SRI.MANU RAMACHANDRAN
               SRI.M.KIRANLAL
               SRI.R.RAJESH (VARKALA)
               SRI.T.S.SARATH
               SAMEER M NAIR
               HARSHA SUSAN SAM
               GEETHU KRISHNAN

RESPONDENTS:

     1         DISTRICT DISASTER MANAGEMENT AUTHORITY
               KOLLAM DISTRICT- REPRESENTED BY ITS
               CHAIRMAN/ DISTRICT COLLECTOR, PIN - 691013

     2         DISTRICT GEOLOGIST
               KOLLAM DISTRICT, DISTRICT OFFICE OF MINING & GEOLOGY,
               KOLLAM DISTRICT, PIN - 691002

     3         TAHASILDAR(LR)
               TALUK OFFICE, PUNALUR, KOLLAM DISTRICT, PIN - 691305

     4         SECRETARY
               GRAMA PANCHAYAT OF EDAMULACKAL,
               KOLLAM DISTRICT - 691 306, PIN - 691306

               SMT.DEEPA NARAYAN - SR. GP


     THIS   WRIT    PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5130 OF 2022
                                   2


                            JUDGMENT

The above writ petition is filed challenging the order

No.DCKLM/1827/2020-DM2(5) dated 02.07.2021 by the Chairman,

District Disaster Management Authority. In judgment dated

19.07.2022 in W.P.(c).No.15079 of 2021 and other connected

cases this Court already quashed the order No.DCKLM/1827/2020-

DM2(5) passed by the Chairman, District Disaster Management. In

the light of the same, nothing survives in this writ petition.

Therefore, this writ petition is disposed of in tune with the

judgment dated 19.07.2022. There will be a further direction to

the 2nd respondent to consider the petition submitted as evident by

Ext.P3 and pass appropriate orders in it as expeditiously as

possible at any rate within one month from the date of receipt of

copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 5130 OF 2022

APPENDIX OF WP(C) 5130/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT NO.

E4- 659/2020(19-20) DATED 07.02.2020

Exhibit P2 THE TRUE COPY OF THE DEVELOPMENT PERMIT NO. E4-BA(72054)/2021 DATED 17.03.2021 .

Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 15.04.2021 ISSUED WHILE SUBMITTING THE APPLICATION FOR THE ISSUANCE OF MINERAL TRANSIT PASS SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P4 THE TRUE COPY OF THE RECEIPT DATED 10.01.2022 ON REMITTANCE OF ROYALTY

Exhibit P5 THE TRUE COPY OF THE DIRECTIONS OF THE 1ST RESPONDENT VIDE DCKLM/1827/2020- DM2(5) DATED 02.07.2021

Exhibit P6 THE TRUE COPY OF THE INTERIM ORDER DATED 02.11.2021 OF THIS HON'BLE COURT IN WP(C) NO. 23847/2021