Kerala High Court
The District Disaster Management ... vs M.K. Rijesh on 23 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 706 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 15060/2017 OF HIGH
COURT OF KERALA
APPLICANTS/REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN W.P.(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,
DISTRICT COLLECTOR, WAYANAD - 673121.
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY,
WAYANAD - 673121.
3 THE DISTRICT COLLECTOR,
WAYANAD - 673 121
4 THE VILLAGE OFFICER,
AMBALAVAYAL VILLAGE,
WAYANAD DISTRICT - 673592.
BY ADV SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
RESPONDENT/RESPONDENT/PETITIONER & 5TH RESPONDENT:
1 BIJU VARGHESE,
MANAGING PARTNER, PUZHAYORAM SAND KUMBALERI,
SULTHAN BATHERY, WAYANAD DISTRICT.
2 THE SECRETARY,
AMBALAVAYAL GRAMA PANCHAYATH,
AMBALAVAYAL P.O.,
WAYANAD DISTRICT - 673592.
R1 BY ADV Dr.GEORGE ABRAHAM
R2 BY SRI.VINOD SINGH CHERIAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.709/2021, 737/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 709 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 14014/2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN W.P.(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
WAYANAD-680733.
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY,
WAYANAD-680733.
3 THE DISTRICT COLLECTOR,
WAYANAD-680733.
4 THE VILLAGE OFFICER,
KRISHNAGIRI VILLAGE,
KRISHNAGIRI P.O.,
WAYANAD DISTRICT-680733.
BY ADV SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL
RESPONDENTS/PETITIONER & ADDL.5TH RESPONDENT IN W.P.(C):
1 KRISHNAGIRI STONE CRUSHER,
A PARTNERSHIP FIRM,
REPRESENTED BY ITS MANAGING PARTNER,
T.V.ELIYAS, KRISHNAGIRI P.O.,
SULTHAN BATHERY,
WAYANAD DISTRICT-673591.
RP No.706/2021 & Con.cases.
3
2 T.P.THOMAS,
S/O.PAILY, THANNIKKOT HOUSE,
CHULLIYOD ROAD,
SULTHAN BATHERY,
WAYANAD DISTRICT-673592.
R1 BY SRI.KANDAMPULLY RAHUL
R2 BY ADV M.SASINDRAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 737 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) No.15255/2017 OF HIGH
COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN W.P.(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,
DISTRICT COLLECTOR, WAYANAD-673 121.
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY,
WAYANAD-673 121.
3 THE DISTRICT COLLECTOR,
WAYANAD, PIN-673 121.
4 THE VILLAGE OFFICER,
AMBALAVAYAL VILLAGE,
WAYANAD DISTRICT, PIN-673 592.
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & 5TH RESPONDENT IN WPC:
1 K.SURESH BABU,
MANAGING PARTNER, KADALORAM SAND,
KUMALERI, SULTHAN BATHERY,
WAYANAD DISTRICT, PIN-673 592.
2 THE SECRETARY,
AMBALAVAYAL GRAMA PANCHAYATH, AMBALAVAYAL P.O.,
WAYANAD DISTRICT, PIN-673 592.
BY ADVS.
R2 BY SRI.VINOD SINGH CHERIYAN
R2 BY SRI.T.M.KHALID
R2 BY SRI.K.P.SUSMITHA
R1 BY Dr.GEORGE ABRAHAM
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23.02.2022,
ALONG WITH RP.706/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 747 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 15739/2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN W.P.(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,
DISTRICT COLLECTOR, WAYANAD-673121.
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY, WAYANAD-673121.
3 THE DISTRICT COLLECTOR,
WAYANAD-673121.
4 THE VILLAGE OFFICER,
AMBALAVAYAL VILLAGE, WAYANAD DISTRICT-673592.
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & 5TH RESPONDENT:
1 SHIBU P.G.,
S/O.GEEVARGHESE, PALLIYANGAL HOUSE, KOLIYADI P.O.,
NENMANI, WAYANAD DISTRICT, PIN-673592.
2 THE SECRETARY,
AMBALAVAYAL GRAMA PANCHAYATH,
AMBALAVAYAL P.O., WAYANAD DISTRICT-673592
BY ADVS.
R2 BY SRI.VINOD SINGH CHERIYAN
R2 BY SRI.T.M.KHALID
R1 BY DR.GEORGE ABRAHAM
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23.02.2022,
ALONG WITH RP.706/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 749 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 38273/2017 OF
HIGH COURT OF KERALA
APPLICANTS/REVIEW PETITIONERS/RESPONDENTS 1 TO 5 IN W.P.(C):
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM -695001
2 THE DISTRICT DISASTER MANAGEMENT AUTHORITY
REP. BY ITS CHIEF EXECUTIVE OFFICER,WAYANAD,
COLLECTORATE, WAYANAD. 673121
3 THE DISTRICT COLLECTOR
WAYANAD.673121.
4 THE VILLAGE OFFICER
KRISHNAGIRI VILLAGE, KRISHNAGIRI PO, WAYANAD
DIST.673121
5 THE GEOLOGIST
GEOLOGICAL AND MINING DEPARTMENT, MEENANGADI,WAYANAD.
676121
BY ADV GOVERNMENT PLEADER
RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS 6 TO 8 IN W.P.(C):
1 T.P.THOMAS,
S/O PAILY, THANNIKKOT HOUSE,
CHULLIYOD ROAD, SULTHAN BATHERY,
WAYANAD DISTRICT, PIN 673 121
2 THE DISTRICT OFFICER,
POLLUTION CONTROL BOARD,
WAYANAD DISTRICT OFFICE,
JASAM COMPLEX, KALPETTA, WAYANAD.673121
RP No.706/2021 & Con.cases.
7
3 THE MEENANGADI GRAMA PANCHAYAT,
REP. BY ITS SECRETARY,
MEENANGADI, WAYANAD DISTRICT. PIN-673121.
4 KRISHNAGIRI STONE CRUSHER,
A PARTNERSHIP FIRM
REP. BY ITS MANAGING PARTNER T.V ELIYAS,
KRISHNAGIRI P.O.,
SULTHAN BATHERY, WAYANAD DISTRICT, 673121
R1 BY ADV SRI.M.SASINDRAN
SRI.T.NAVEEN, SC, PCB
R4 BY SRI.KANDAMPALLY RAHUL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 759 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 10670/2018 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT IN W.P.(C):
THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
WAYANAD-680733.
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3 IN W.P.(C):
1 GIREESH KUMAR P.G.,
S/O. GOPI, POOLAPURA HOUSE,
KARACHAL P.O., AMBALAVAYAL AMSOM DSOM,
SULTHAN BATHERY, PIN-673591.
2 AMABALAVAYAL GRAMA PANCHAYATH,
AMBALAVAYAL P.O., WAYANAD,
REPRESENTED BY ITS SECRETARY-673593.
3 P.T. THANKACHAN,
S/O. THOMAS, PANAPARAMBIL HOUSE, KARACHAL P.O.,
AMBALAVAYAL, SULTHAN BATHERY-673591.
BY ADVS.
R1 BY SRI. BIJU ABRAHAM
R2 BY SRI.VINOD SINGH CHERIYAN
R2 BY SRI.T.M.KHALID
R2 BY SMT.K.P.SUSMITHA
R3 BY Dr.GEORGE ABRAHAM
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 760 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 16285/2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 3,5 & 6 IN W.P.(C):
1 THE CHAIRMAN,
DISTRICT DISASTER MANAGEMENT AUTHORITY AND THE
DISTRICT MAGISTRATE,
COLLECTORATE, WAYANAD-670721.
2 THE TAHSILDAR,
SULTHAN BATHERY, WAYANAD-670721.
3 THE GEOLOGIST,
DISTRICT OFFICE OF MINING AND GEOLOGY,
WAYANAD-670721.
4 THE SUPERINTENDENT OF POLICE,
SULTHAN BATHERY, WAYANAD-670721.
5 THE VILLAGE OFFICER,
AMABALAVAYAL,
WAYANAD DISTRICT-673593.
BY ADV SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN WP(C):
1 K.P.MOHANAN,
S/O. PARAMESWARAN NAIR,
KODIKULATH HOUSE, KUMBALEERI P.O.,
MEENANGADI (VIA),
WAYANAD DISTRICT-673593.
RP No.706/2021 & Con.cases.
10
2 THE SECRETARY,
AMBALAVAYAL GRAMA PANCHAYATH,
AMBALAVAYAL, WAYANAD-673593.
R2 BY SRI.VINOD SINGH CHERIYAN
R2 BY SRI.T.M.KHALID
R2 BY SMT.K.P.SUSMITHA
R1 BY SRI.M.P.ASHOK KUMAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 761 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 15705/2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN W.P.(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,
DISTRICT COLLECTOR, WAYANAD-673121.
2 THE CHAIRMAN,
THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
WAYANAD-673121.
3 THE DISTRICT COLLECTOR,
WAYANAD.
4 THE VILLAGE OFFICER,
AMBALAVAYAL VILLAGE,
WAYANAD DISTRICT-673592.
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER, 5TH RESPONDENT & 6TH ADDL. RESPONDENT IN
WPC:
1 P.T. THANKACHAN,
AGED 56 YEARS,
S/O. THOMAS,
ANAPARAMBIL HOUSE, KARACHAL P.O.,
VIA AMBALAVAYAL,
SULTHAN BATHERY, PIN-673593.
RP No.706/2021 & Con.cases.
12
2 THE SECRETARY,
AMBALAVAYAL GRAMA PANCHAYATH,
AMBALAVAYAL P.O.,
WAYANAD DISTRICT-673592.
3 T.A. MATHAI,
AGED 50 YEARS,
S/O. ELIAS, THANDIKAYIL HOUSE,
KARACHAL POST, AMBALAVAYAL,
WAYANAD DISTRICT-673592.
BY ADVS.
R1 BY Dr.GEORGE ABRAHAM
R2 BY VINOD SINGH CHERIYAN
R2 BY T.M.KHALID
R3 BY SRI.A.V.JAMES
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 768 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 15751/2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS 1 TO 4 IN WP(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,
DISTRICT COLLECTOR, WAYANAD-673121.
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY,
WAYANAD-673121.
3 THE DISTRICT COLLECTOR,
WAYANAD-673121.
4 THE VILLAGE OFFICER,
AMBALAVAYAL VILLAGE,
WAYANAD DISTRICT-673592.
BY ADV GOVERNMENT PLEADER
RESPONDENT/PETITIONER IN WPC:
M.K. RIJESH,
AGED 4O YEARS, S/o.KUNJIRAMAN,
MANNUKANDI HOUSE, EDAKKARA P.O.,
AMBALAVAYAL, WAYANAD DISTRICT, PIN-673592.
Dr.GEORGE ABRAHAM
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 775 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 24444/2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN WP(C):
1 STATE OF KERALA,
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001,
REPRESENTED BY ITS SECRETARY.
2 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
WAYANAD, COLLECTORATE, WAYANAD 673 121,
REPRESENTED BY ITS CHAIRMAN.
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KALPETTA, WAYANAD-673 121
4 THE VILLAGE OFFICER,
KRISHNAGIRI VILLAGE, KRISHNAGIRI P.O,
WAYANAD DISTRICT-673 121
BY ADV GOVERNMENT PLEADER
RESPONDENT/PETITIONER IN WP(C):
CBM ENTERPRISES,
MATTAPPARA, KOLAGAPARA P.O,
SULTHAN BATHERY, WAYANAD DISTRICT,
KERALA 673 591,
REPRESENTED BY ITS MANAGING PARTNER.
SRI.GEORGE POONTHOTTAM (Sr.)
SMT.NISHA GEORGE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 783 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 15266/2017 OF
HIGH COURT OF KERALA
APPLICANTS/REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN WP(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,
DISTRICT COLLECTOR, WAYANAD-673121.
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY, WAYANAD-673121.
3 THE DISTRICT COLLECTOR,
WAYANAD-673121.
4 THE VILLAGE OFFICER,
AMBALAVAYAL VILLAGE, WAYANAD DISTRICT-673592.
BY ADV GOVERNMENT PLEADER
RESPONDENTS/RESPONDENTS/PETITIONER & 5TH RESPONDENT:
1 SIDDIQUE C,
CHUNDANGAYIL HOUSE, AMBALAVAYAL,
SULTHAN BATHERY, WAYANAD DISTRICT.
2 THE SECRETARY,
AMBALAVAYAL GRAMA PANCHAYATH,
AMBALAVAYAL P.O., WAYANAD DISTRICT.
R1 BY Dr.GEORGE ABRAHAM
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
RP NO. 793 OF 2021
AGAINST THE JUDGMENT DATED 03.03.2021 IN WP(C) 15312/2017 OF
HIGH COURT OF KERALA
APPLICANTS/REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN WP(C):
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
WAYANAD 673 521
2 THE CHAIRMAN,
THE DISASTER MANAGEMENT AUTHORITY,
WAYANAD 673 521
3 THE DISTRICT COLLECTOR,
WAYANAD 673 521
4 THE VILLAGE OFFICER,
KRISHNAGIRI VILLAGE, KRISHNAGIRI P.O,
WAYANAD DISTRICT-673591
BY ADV GOVERNMENT PLEADER
RESPONDENTS/RESPONDENTS/PETITIONER & 5TH RESPONDENT IN WPC:
1 MALABAR M SAND,
R/BY MANAGING PARTNER PAUL ABRAHAM,
MEENANGADI P.O, KRISHNAGIRI, WAYANAD-673 591
2 THE MEENANGADI GRAMA PANCHAYATH,
R/BY THE SECRETARY,
MEENANGADI P.O, WAYANAD 673 591
R1 BY SRI.T.G.RAJENDRAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH RP.706/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.706/2021 & Con.cases.
17
ORDER
Dated this the 23rd day of February, 2022
[RP No.706/2021 in W.P.(C) No.15060/2017, RP
No.709/2021 in W.P.(C) No.14014/2017, RP No.737/2021 in
W.P.(C) No.15255/2017, RP No.747/2021 in W.P.(C)
No.15739/2017, RP No.749/2021 in W.P.(C) No.38273/2017,
RP No.759/2021 in W.P.(C) No.10670/2018, RP No.760/2021 in
W.P.(C) No.16285/2017, RP No.761/2021 in W.P.(C)
No.15705/2017, RP No.768/2021 in W.P.(C) No.15751/2017,
RP No.775/2021 in W.P.(C) No. 24444/2017, RP No.783/2021
in W.P.(C) No.15266/2017 and RP No.793/2021 in W.P.(C)
No.15312/2017 ]
These Review Petitions are filed by the District
Disaster Management Authority and others who were
respondents in the writ petitions.
2. In the common judgment dated 03.03.2021 in
W.P.(C) No.15060 of 2017 and connected cases, this Court
gave the following directions:
RP No.706/2021 & Con.cases.
"In the circumstances, the writ petitions are
disposed of remitting the matter back to the
Chairman, DDMA, Wayanad, to reconsider whether
the units of the crusher operators involved in these
writ petitions, functioning in the prohibited areas
indicated in the proceedings dated 24.03.2017, are
likely to cause adverse environmental impact
including landslides. A decision in this regard shall
be taken by the Chairman after obtaining opinion
from the National Centre for Earth Science Studies
or any other competent expert body/person, within a
period of four months. It is made clear that this
Court has not interfered in the prohibition imposed
on mining and quarrying activities in the areas and
has not expressed any opinion on merits on the
claims relating to crusher units, made by the
petitioners in these writ petitions. The benefit of
interim orders passed in these writ petitions will
continue to enure to the benefit of the petitioners till
the Chairman, DDMA takes a decision in the matter
and communicates to the petitioners."
3. It appears that the 1st respondent approached the
National Centre for Earth Science Studies for carrying out
the study and the Centre expressed their difficulty in
undertaking the study. It is in such circumstances that the
review petitions are filed by the DDMA seeking permission to
hold the study by any other competent body.
RP No.706/2021 & Con.cases.
4. The learned Senior Government Pleader filed a
memo dated 15.02.2022 stating that the National Institute of
Technology, Kozhikode and National Institute of Rock
Mechanics, Bengaluru are willing to carry out the studies as
directed by this Court. However, to engage any of those
agencies, the judgment is to be reviewed, contended the
learned Government Pleader.
5. I have heard the learned counsel for the review
petitioners and the learned counsel appearing for the
contesting respondents.
6. Going through the judgment dated 03.03.2021,
this Court finds that the District Disaster Management
Authority was permitted to engage National Centre for Earth
Science Studies or any other competent body for obtaining
expert opinion. This Court has already granted liberty to the
District Disaster Management Authority to approach any
appropriate competent body. This Court is of the view that a
RP No.706/2021 & Con.cases.
review of judgment is therefore not warranted.
In the circumstances, the review petitions are
dismissed, however, making it clear that the District Disaster
Management Authority will be at liberty to engage any
competent body including the two Institutions made mention
in the memo dated 15.02.2022, filed by the Government
Pleader for conducting requisite studies.
Sd/-
N. NAGARESH
JUDGE
SR
RP No.706/2021 & Con.cases.
APPENDIX OF RP 706/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.04.2021.
Annexure II TRUE COPY OF LETTER DATED 01.07.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.07.2021.
Annexure IV TRUE COPY OF LETTER DATED 30.07.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 709/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.4.2021.
Annexure II TRUE COPY OF LETTER DATED 1.7.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.7.2021.
Annexure IV TRUE COPY OF LETTER DATED 30.7.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 737/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.04.2021.
Annexure II TRUE COPY OF LETTER DATED 01.07.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.07.2021.
Annexure IV TRUE COPY OF LETTER DATED 30.07.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 747/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.4.2021.
Annexure II TRUE COPY OF LETTER DATED 1.7.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.7.2021.
Annexure IV TRUE COPY OF LETTER DATED 30.7.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 749/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.4.2021
Annexure II TRUE COPY OF LETTER DATED 1.7.2021
FROM THE NCESS
Annexure III TRUE COPY OF THE LETTER DATED
14.7.2021
Annexure IV TRUE COPY OF THE LETTER DATED
30.7.2021
RP No.706/2021 & Con.cases.
APPENDIX OF RP 759/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28/04/2021.
Annexure II TRUE COPY OF LETTER DATED 01/07/2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14/07/2021.
Annexure V TRUE COPY OF LETTER DATED 30/07/2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 760/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28/04/2021.
Annexure II TRUE COPY OF LETTER DATED 01/07/2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14/07/2021.
Annexure IV TRUE COPY OF THE LETTER DATED
30/07/2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 761/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28/04/2021.
Annexure II TRUE COPY OF LETTER DATED 01/07/2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14/07/2021.
Annexure IV TRUE COPY OF LETTER DATED 30/07/2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 768/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.4.2021.
Annexure II TRUE COPY OF LETTER DATED 1.7.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.7.2021.
Annexure IV TRUE COPY OF LETTER DATED 30.7.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 775/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.04.2021.
Annexure II TRUE COPY OF LETTER DATED 01.07.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.07.2021.
Annexure IV TRUE COPY OF LETTER DATED 30.07.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 783/2021
PETITIONERS' ANNEXURES:
Annexure I TRUE COPY OF THE LETTER DATED
28.4.2021.
Annexure II TRUE COPY OF LETTER DATED 1.7.2021
FROM THE NCESS.
Annexure III TRUE COPY OF THE LETTER DATED
14.7.2021.
Annexure IV TRUE COPY OF THE LETTER DATED
30.7.2021.
RP No.706/2021 & Con.cases.
APPENDIX OF RP 793/2021
PETITIONERS' ANNEXURES:
Annexure A1 TRUE COPY OF THE LETTER DATED 28-04-
Annexure II TRUE COPY OF LETTER DATED 01-07-2021
FROM THE NCESS
Annexure III TRUE COPY OF THE LETTER DATED 14-07-
Annexure IV TRUE COPY OF LETTER DATED 30-07-2021
