Clement K. Jose vs Gibi V.G
2022 Latest Caselaw 7200 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 8072 OF 2013
PETITIONER/S:

               CLEMENT K. JOSE
               AGED 42 YEARS
               DIRECTOR, COCHIN BLUE METAL INDUSTRIES PVT.LTD.
               METHIRI P.O., KOTTAYAM DISTRICT, PIN-686 575.
               BY ADVS.
               SRI.P.K.SURESH KUMAR (SR.)
               SRI.SANTHEEP ANKARATH


RESPONDENT/S:

    1          GIBI V.G.
               VALIYAPARAMPIL HOUSE, METHIRI P.O. - 686 576
               KOTTAYAM DISTRICT.
    2          SHAJI M.S.
               MOOLAKKATTU HOUSE, KARAMALA PO, KOTTAYAM
               DISTRICT PIN-686 662
    3          RAMAPURAM GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY, RAMAPURAM PO- 686
               591 KOTTAYAM DISTRICT.
    4          SECRETARY
               RAMAPURAM GRAMA PANCHAYAT, RAMAPURAM PO- 686 591
               KOTTAYAM DISTRICT.
               BY ADVS.
               SRI.GEORGE VARGHESE KIZHAKKAMBALAM
               SRI.GEORGEKUTTY MATHEW
               SRI.V.RAJENDRAN PERUMBAVOOR
               SRI.T.K.RAJESHKUMAR


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   23.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No. 8072 of 2013



                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No. 8072 of 2013
                        =============================================================

                    Dated this the 23rd day of June, 2022

                                         JUDGMENT

The learned counsel for the petitioner submitted that the

prayers in this writ petition have become infructuous.

Therefore, this writ petition is dismissed as infructuous.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 8072 of 2013

APPENDIX OF WP(C) 8072/2013

PETITIONER EXHIBITS EXHIBIT-P1- TRUE COPY OF THE APPLICATION DATED 26-11- 2009 SUBMITTED BY THE PETITIONER. EXHIBIT-P2- TRUE COPY OF THE COVERING LETTER DATED 29-11-2009 SUBMITTED BY THE EPTITIONER. EXHIBIT-P3 - TRUE COPY OF THE RESOLUTION NO.X(1) OF 3RD RESPONDENT DATED 18-12-2009 EXHIBIT-P4 - TRUE COPY OF THE QUARRYING LEASE DATED 23-5-2009 GRANTED IN FAVOUR OF THE PETITIONER. EXHIBIT-P5 - TRUE COPY OF THE 'CONSENT TO OPERATE- RENEWAL' ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 29-6-2012 IN FAVOUR OF THE PETITIONER. EXHIBIT-P6 - TRUE COPY OF THE 'CONSENT TO OPERATE- RENEWAL' ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 16-1-2012 IN FAVOUR OF THE PETITIONER. EXHIBIT-P7 - TRUE COPY OF LICENCE DATED 2-12-2009 GRANTED BY CONTROLLER OF EXPLOSIVES TO THE PETITIONER.

EXHIBIT-P8 - TRUE COPY OF PERMISSION DATED 11-7-2012 GRANTED BY CONTROLLER OF EXPLOSIVES TO THE PETITIONER.

EXHIBIT-P9- TRUE COPY OF CERTIFICATE DATED 17-4-2010 ISSUED BY DISTRICT MEDICAL OFFICER, KOTTAYAM. EXHIBIT-P10 - TRUE COPY OF CERTIFICATEDATED 11-10- 2010 ISSUED BY THE INSPECTOR OF FACTORIES & BOILERS GR.I, KOTTAYAM.

EXHIBIT-P11 - TRUE COPY OF ORDER NO.C3-9664/10/D. DIS. DATED 27-1-2011 ISSUED BY THE CHIEF TOWN PLANNER.

EXHIBIT-P12 - TRUE COPY OF ORDER NO.B1-8224/2010/CEI DATED 04-10-2012 ISSUED BY CHIEF ELECTRICAL INSPECTOR TO GOVERNMENT OF KERALA.

EXHIBIT-P13 - TRUE COPY OF NO OBJECTION CERTIFICATE DATED 24-2-2009 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM.

EXHIBIT-P14 - TRUE COPY OF PERMISSION GRANTED BY DIRECTOR OF MINING AND GEOLOGY DATED 16-3-2012.

W.P.(C). No. 8072 of 2013

EXHIBIT-P15 - TRUE COPY OF PERMISSION DATED 15-6-2012 ISSUED BY DIRECTOR GENERAL OF MINES SAFETY. EXHIBIT-P16 - TRUE COPY OF APPLICATION FOR ISSUANCE OF LICENCE FOR CONDUCTING QUARRY SUBMITTED BY THE PETITIONER BEFORE TEH 3RD RESPONDENT EXHIBIT-P17- TRUE COPY OF RESOLUTION NO.10 OF 3RD RESPONDENT DATED 20-5-2011 EXHIBIT-P18 - TRUE COPY OF APPLICATION FOR ISSUANCE OF LICENCE FOR THE METAL CRUSHER DATED 15-12-2011 SUBMITTED BY THE PETITIONER EXHIBIT-P19 - TRUE COPY OF RESOLUTION NO.IIIDATED 7- 2-2012 OF THE 3RD RESPONDENT EXHIBIT-P20 - TRUE COPY OF LICENCE ISSUED FOR RUNNING THE QUARRY DATED 25-7-2011 BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT-P21 - TRUE COPY OF LICENCE DATED 7-2-2012 FOR RUNNING THE CRUSHER UNIT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT-P22 - TRUE COPY OF APPEAL MEMORANDUM DATED 24-12-2012 IN APPEAL NO.1076/2012 SUBMITTED BY THE 1ST AND 2ND RESPONDENTS BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT-P23 - TRUE COPY OF MASS PETITION DATED 4-1- 2012 SUBMITTED BY SEVERAL PERSONS ALONG WITH RESPONDENTS 1 AND 2.

EXHIBIT-P24 -TRUE COPY OF JUDGMENT DATED 7-3-2013 IN WPC.NO.113/2013 PASSED BY THIS HON'BLE COURT. EXHIBIT-P25 - TRUE COPY OF ORDER DATED 15-3-2013 IN APPEAL NO.1076/2012 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT-P26 - TRUE COPY OF NOTES OF ARGUMENT DATED 16-2-2013 SUBMITTED BY COUNSEL FOR THE PETITIONER IN APPEAL NO.1076/2012 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT-P27 - TRUE COPY OF NOTES OF ARGUMENT DATED 28-2-2013 SUBMITTED BY COUNSEL FOR THE RESPONDENTS 1 AND 2 IN APPEAL NO.1076/2012 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.