Jamsheed Kozhithodi vs The State Of Kerala
2022 Latest Caselaw 9978 Ker

WP(C) NO. 22768 OF 2012            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                          WP(C) NO. 22768 OF 2012
PETITIONER/S:

               JAMSHEED KOZHITHODI
               AGED 31 YEARS
               S/O.KUTTYALI,THEKKUM PARAMBIL HOUSE,PARAMBIL PEEDIKA
               POST-676317,MALAPPURAM DISTRICT.

               BY ADVS.
               SRI.K.P.SUDHEER
               SMT.REMYA RAMACHANDRA KURUP


RESPONDENT/S:
     1    THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,DEPARTMENT OF LAND
          REVENUE,THIRUVANANTHAPURAM-695001.

      2        THE DISTRICT COLLECTOR
               MALAPPURAM-676505.

      3        THE TAHSILDAR
               TIRURANGADI-676306,MALAPPURAM DISTRICT.

      4        THE VILLAGE OFFICER
               PERUVALLOOR VILLAGE OFFICE,MALAPPURAM DISTRICT,PIN-
               676317.

      5        THE DEPUTY DIRECTOR
               MINING AND GEOLOGY
               DIRECTORATE,KESHAVADASAPURAM,PATTOM PALACE POST-
               695004,THIRUVANANTHAPURAM.
 WP(C) NO. 22768 OF 2012           2


      6        THE GEOLOGIST
               MINING AND GEOLOGY DEPARTMENT,DISTRICT
               OFFICE,MALAPPURAM,MANJERI-673121.

      7        THE SUB INSPECTOR OF POLICE
               THENHIPALAM POLICE STATION,THENHIPALAM-
               673636,MALAPPURAM DISTRICT.

      8        KERALA STATE POLLUTION CONTROL BOARD
               REPRESENTED BY ENVIRONMENTAL ENGINEER,DISTRICT
               OFFICER,19/269 A,PERINTHALMANNA ROAD,U.P.HILL POST-
               676505,MALAPPURAM DISTRICT.

      9        PERUVALLUR GRAMA PANCHAYATH
               PERUVALLUR,PARAMBIL PEEDIKA POST-676317,REPRESENTED
               BY ITS SECRETARY.

      10       A.T.KUNHAMMADKUTTY
               TEACHER,V.P.KUNHIMOHAMMED MEMORIAL HIGHER SECONDARY
               SCHOOL,PUTHOOR PALLIKKAL,MALAPPURAM DISTRICT,RESIDING
               AT KATTIL VEEDU,ARIBRATHODI HOUSE,PUTHOOR PALLIKKAL
               POST,MALAPPURAM DISTRICT,PIN-676317.

               BY ADVS.
               SRI.SYAM J SAM
               SRI.E.NARAYANAN, SRI.T.NAVEEN, SC, PCB
               SMT.DEEPA NARAYANAN,SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22768 OF 2012              3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No.22768 of 2012
                     --------------------------------------
                Dated this the 31st day of August, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"a) Issue a writ of mandamus or other appropriate writ, order or direction directing 8th and 9th respondents to implement Exts.P8 to P10 stop memos issued by them forthwith.

b) direct the 8th respondent to pass appropriate orders directing the 10th respondent to fill up the pit holes seen in Exts.P1 to P3 and further use the area for agricultural operation.

c) direct the 8th respondent to produce the entire files relating to the action taken by him pursuant to the complaint submitted by the petitioner.

d) direct the 7th respondent to afford necessary protection to the 8th and 9th respondents to enforce Exts.P8 to P10 orders."

e) direct the 9th respondent to forthwith stop the illegal construction being made by the 10th respondent.

f) Direct the 6th respondent to consider Ext.P4 and take appropriate action against 10th respondent

g) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."[SIC]

2. The main grievance of the petitioner is to implement

Exts.P8 to P10 orders. The petitioner is aggrieved by the illegal

quarrying operations conducted by respondent No.10. This writ

petition is pending before this Court from 2012 onwards. If the

quarrying operation is conducted by the 10th respondent

without getting permit and licence from the statutory

authorities, the petitioner is free to approach the statutory

authorities. In such situation, the statutory authorities will

proceed with the stop memo which is already issued.

With the above observation, this writ petition is closed.

SD/-

                                                 P.V.KUNHIKRISHNAN
                                                       JUDGE
SKS



                                       APPENDIX

PETITIONER'S EXHIBITS         :

EXT.P1        PHOTOGRAPH SHOWING THE QUARRY

EXT.P2        PHOTOGRAPH SHOWING THE QUARRY


EXT.P3        PHOTOGRAPH SHOWING THE QUARRY

EXT.P4     TRUE COPY OF PETITION DATED 27.4.2012 SUBMITTED BY THE

PETITIONER AND OTHERS BEFORE THE 6TH RESPONDENT

EXT.P5 TRUE COPY OF APPLICATION DATED 4.8.2012 SUBMITTED BY TEH PETITIONER BEFORE THE 5TH RESPONDENT UNDER RIGHT TO INFORMATION ACT.

EXT.P5(A) TRUE COPY OF REPLY TO EXT.P5 DATED 6.9.2012 ISSUED BY THE 5TH RESPONDENT

EXT.P6 TRUE COPY OF APPLICATION DATED 4.8.2012 SUBMITTED BY THE PETITIONER BEFORE THE 9TH RESPONDENT UNDER RIGHT TO INFORMATION ACT.

EXT.P7 TRUE COPY OF REPLY TO EXT.P6 DATED 23.8.2012 ISSUED BY THE 9TH RESPONDENT

EXT.P8 TRUE COPY OF STOP MEMO NO,A3.4542/12 DATED 25.5.2012 ISSUED BY THE 9TH RESPONDENT

EXT.P9 TRUE COPY OF ORDER NO.PCB/MLPM/COMP/54/12 DATED 30.5.2012 ISSUED BY THE 8TH RESPONDENT

EXT.10 TRUE COPY OF INTIMATION NO.PCB/MLPM/COMP/5412 DATED 30.5.2012 ISSUED BY THE 8TH RESPONDENT TO THE 9TH RESPONDENT

EXT.P11 TRUE COPY OF COMPLAINT DATED 24.4.2012 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT

EXT.P12 TRUE COPY OF COMPLAINT DATED 6.9.2012 SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, TIRURANGADI.

RESPONDENT'S EXHIBITS         :    NIL