P.S.Mani vs Mundathikode Grama Panchayat
2022 Latest Caselaw 3157 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 13863 OF 2012
PETITIONER:

          P.S.MANI,
          AGED 50 YEARS,
          PULLANIPARAMBATH HOUSE,
          PARAKKADU, ELAVALLY.P.O.,
          VIA-CHITTATTUKARA, THRISSUR.

          BY ADV SRI.T.M.ABDUL LATHEEF


RESPONDENTS:

    1     MUNDATHIKODE GRAMA PANCHAYAT,
          THIRUTHIPARAMBU, MUNDATHIKODE.P.O.,
          REPRESENTED BY ITS SECRETARY. PIN-680596.

    2     THE GEOLOGIST,
          DISTRICT OFFICE,
          DEPARTMENT OF MINING AND GEOLOGY, THRISSUR-680001.

    3     THE MEMBER SECRETARY,
          KERALA STATE POLLUTION CONTROL BOARD,
          THIRUVANANTHAPURAM-695001.

    4     JOHNSON,
          S/O. VAREED, VAZHAPPILLY HOUSE, MINALOOR,
          M.G.KAVU.P.O., VIA-MULAMKUNNATHU KAVU, THRISSUR-680581.

          BY ADVS.
          SRI.SHOBY K.FRANCIS
          SRI.M.R.SASITH
          SMT.VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13863 OF 2012           -2-



                                JUDGMENT

The Writ petition is filed with the following prayers:

"(i) To call for the records relating to Exts.P-1 to P-8 and to issue a writ of mandamus commanding the first Respondent not to issue any building number to the building constructed by the 4th Respondent adjacent to the Petitioner's quarry having an extent of 24 Cents comprised in Survey No.563/25 of Paralikkad Village;

(ii) To issue a writ of mandamus commanding the Respondents 1 to 3 to consider Exts.P-6, P-7 and P-8 petitions filed by the Petitioner;

(iii) To issue a writ of mandamus commanding the Respondents 1 to 3 to renew the license, etc. issued to the Petitioner for quarry rock from the 24 Cents of property comprised in Survey No.563/25 of Paralikkad Village overlooking the location of the building constructed by the 4th Respondent;

(iv) Any other appropriate, writ, order or direction also may be granted to meet out justice under the circumstances of the above case.

2. When this writ petition came up for

consideration, learned Government Pleader submitted

that the petitioner is having all permits and license. The

learned Government Pleader submitted that at the time

of giving permission there was no construction within

hundred meters. If there is any construction within the

prohibited area the petitioner is free to approach the

appropriate authority. If there is no construction

activities within hundred meters as on the date of

issuance of license there may not be any difficulty to the

petitioner to renew the license.

With the above observations this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE vv

APPENDIX OF WP(C) 13863/2012

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE EXPLOSIVE LICENSE NO.E/SC/KL/22/1139 (E-55250) DATED 18.4.2012 ISSUED TO THE PETITIONER BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI

Exhibit P2 TRUE COPY OF THE LICENSE NO.A4-108/2012-

13 DATED 22.03.2012 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE QUARRYING PERMIT NO.102/CRP/11-12/GS/264/IDO/2012, DATED 09.02.2012 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE CONSENT NO.PCB/TSR/IC/2296/11 DATED 12.02.2011 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LOCATION PLAN.

Exhibit P6 TRUE COPY OF THE PETITION DATED 04.06.2012 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit P7 TRUE COPY OF THE PETITION DATED 04.06.2012 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE PETITION DATED 04.06.2012 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R4(1) TRUE COPY OF THE SANCTION LETTER ISSUED BY THE 1ST RESPONDENT TO THIS RESPONDENT.

Exhibit R4(2) TRUE COPY OF LOAN AGREEMENT OF THE THIS RESPONDENT.

Exhibit R4(3) TRUE COPY OF RENT DEED OF THIS RESPONDENT.

Exhibit R4(4) COPY OF PHOTOGRAPH OF THIS RESPONDENT HOUSE.

Exhibit R4(5) TRUE COPY OF SALE DEED OF THE RESPONDENT.