Kerala High Court
Star Granites vs State Of Kerala on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Tuesday, the 15th day of February 2022 / 26th Magha, 1943
WP(C) NO. 8203 OF 2021(A)
PETITIONER:
STAR GRANITES THATTUPARA, CHULLY P.O., ANGAMALY, ERNAKULAM - 683 594
REPRESENTED BY THE MANAGING PARTNER, JOJI P.L., AGED 52 YEARS,
S/O.LONAPPAN.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
AND FIVE OTHERS.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P15 pending
disposal of the Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
10.02.2022 and upon hearing the arguments of SRI.SREEKUMAR (SENIOR
ADVOCATE), along with M/S.P.MARTIN JOSE, P.PRIJITH, THOMAS P.KURUVILLA,
R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB AMBAT &
HARIKRISHNAN S., Advocates for the petitioners, GOVERNMENT PLEADER for R1
to R5 and of SRI.JAWAHAR JOSE, Advocate for R6, the court passed the
following:
P.V.KUNHIKRISHNAN, J.
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W.P. (C) Nos. 34020 of 2019, 4070 & 11627 of 2020
and 8203, 16223, 16880, 18523, 25475, 30550 of 2021
=============================================================
Dated this the 15th day of February, 2022
REFERENCE ORDER
All these writ petitions are connected. The issue involved
in these cases is regarding the quarrying in Patta land in terms of
the grant. Admittedly, a batch case is pending before the
Division Bench on the same issue and those cases are listed for
hearing on 28.02.2022. The learned counsel for the petitioners
made available a copy of the order dated 24.01.2022 in WP(C)
No.11249 of 2010 passed by the Division Bench, which is
extracted hereunder:
"On this day, when the matter came up for hearing,
Mr.S.Kannan, learned Government Pleader,
submitted that proposals are made to amend the
Kerala Land Assignment Act, 1960 and in this
regard, two meetings have been conducted. However,
due to the COVID-19 pandemic situation, the issues
could not be finalised in the meetings.
2. Learned Senior Government Pleader further
submitted that if the amendments are made as
proposed, the issues raised in the batch of writ
petitions would be sorted out. Thus, he requested two
W.P. (C) Nos. 34020 of 2019, 4070 & 11627 of 2020
and 8203, 16223, 16880, 18523, 25475, 30550 of 2021
months' time.
3. However, learned counsel appearing for writ
petitioner in W.P.(C) No.35030 of 2016, submitted
that the matter is pending for a long time and
adjournments have been sought for on the basis of
the above said aspect.
4. Considering the above and also for the finalisation
of the proposed amendments, one month's time is
given from today. Learned Government Pleader is
directed to inform the concerned departments to
finalise the issues raised in the matter of amending
the Kerala Land Assignment Act, 1960.
Post on 28.2.2022."
2. The learned Senior Counsel Adv.Renjith Thamban,
who appeared in WP(C) No.18523 of 2021 submitted that the
impugned order in his writ petition is an order passed without
hearing the petitioner. The learned counsel also relied on
Ext.P12 judgment produced in that writ petition, in which in a
similar situation, the writ petition was allowed setting aside the
impugned order. It is conceded by both sides that after that
judgment a fresh order is passed and that is also challenged and
W.P. (C) Nos. 34020 of 2019, 4070 & 11627 of 2020
and 8203, 16223, 16880, 18523, 25475, 30550 of 2021
the same is also pending before the Division Bench. The
learned Senior Counsel produced catena of judgments of this
Court and the Apex Court to canvass his position and pressed
for an interim order. He also submitted that in one of the writ
petitions [WP(C) No.8203 of 2021] there is already an interim
order and in such circumstances, denying interim order in the
other cases will cause irreparable loss to the petitioners.
3. The learned Government Pleader, on the other hand,
seriously opposed the contentions. The Government Pleader
submitted that since the matter is listed before the Division
Bench on 28.02.2022, these writ petitions also can be tagged
along with those writ petitions and can be heard together before
the Division Bench. The stand of the Government is already
submitted before the Division Bench.
4. I considered the contentions of the petitioners and the
respondents. It is an admitted fact that the Division bench
already seized a similar issue raised in these writ petitions and
W.P. (C) Nos. 34020 of 2019, 4070 & 11627 of 2020
and 8203, 16223, 16880, 18523, 25475, 30550 of 2021
an order was passed on 24.01.2022 in which the stand of the
Government is also recorded. In such circumstances, according
to me, it is not proper on the part of this Court to issue interim
order in these cases. The petitioners are free to approach the
Division Bench to get appropriate orders. Considering the facts
and circumstances of these cases, I think these writ petitions are
also to be adjourned for hearing by the Division Bench.
Therefore, Registry will place these writ petitions before the
Hon'ble the Chief Justice for further orders immediately,
because the counsel for the petitioners are pressing for an
interim order.
WP(C) No.8203 of 2021
Since there is already an interim order in this writ petition,
the same is extended for a period of one month.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
15-02-2022 /True Copy/ Assistant Registrar
