Jayakumar G vs The Kattappana Grama Panchayath, ...
2022 Latest Caselaw 11084 Ker

WP(C) NO. 32202 OF 2013              1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   SATURDAY, THE 5TH DAY OF NOVEMBER 2022 / 14TH KARTHIKA, 1944
                        WP(C) NO. 32202 OF 2013
PETITIONER/S:

          JAYAKUMAR G
          AGED 50 YEARS
          S/O.GOPALAIRISHNA MENON,SREEHARI
          HOUSE,KUNTHALAMPARA,KATTAPPANA VILLAGE,IDUKKI DISTRICT.
          BY ADV SRI.C.K.PAVITHRAN


RESPONDENT/S:

    1     THE KATTAPPANA GRAMA PANCHAYATH, REP. BY ITS SECRETARY
          REPRESENTED BY ITS SECRETARY,KATTAPPANA VILLAGE,IDUKKI
          DISTRICT-685508.
    2     P.S.SUKUMARAN
          AGED 57 YEARS
          JAYAN METAL MINE,PUTHENPURAKKAL HOUSE,KUNTHALAMPARA
          KARA,KATTAPPANA VILLAGE,IDUKKI DISTRICT-685508.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32202 OF 2013                     2

                          MOHAMMED NIAS C.P.,J
                        -------------------------------------
                       WP(C) NO. 32202 OF 2013
                       -------------------------------------
               Dated this the 5th day of November, 2022

                                    JUDGMENT

The prayers in the above writ petition are to direct

the 1st respondent Panchayat to prohibit the 2nd respondent

from continuing the quarrying operations until a final

decision is taken by the Munsiff's Court, Kattappana and

also to direct the 1st respondent to cancel the licence

granted to the 2nd respondent on the basis of his

application dated 25.11.2013.

2. The licence was issued in the year 2013, the

validity of which has expired long back. It is made clear

that the 2nd respondent can continue with activities only

if he gets all the permissions from the authorities and if

there are no orders interdicting his activities by any

court/authority.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

                                                                      JUDGE
   okb/
                                                           //True copy//        P.S. to Judge



                   APPENDIX OF WP(C) 32202/2013

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF THE ORDER IN I.A.2679/2010 EXT.P2 TREU COPY OF THE JUDGMENT DATED 30.7.2012 IN O.P.(C) 2458/2012.

EXT.P3 TRUE COPY OF THE PROCEEDING NO.A1-3917/10(1)DATED 28.10.2011 ISSUED BY THE SPECIAL GRADE SECRETARY,KATTAPPANA GRAMA PANCHAYATH EXT.P4 TRUE COPY OF THE REPORT WHICH WAS OBTAINED BY THE PETITIONER FROM THE KATTAPPANA GRAMA PANCHAYATH . EXT.P5 TRUE COPY OF THE LETTER DATED 15.9.2011 ISSUED BY THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,IDUKKI DISTRICT IN FAVOUR OF THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE JUDGMENT DATED 27.11.2013 IN W.P(C)29180/2013.