C.A.Abbas vs State Of Kerala
2022 Latest Caselaw 10776 Ker

W.P.(C) NO.13295/2012                       1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                              WP(C) NO. 13295 OF 2012
PETITIONER:

             C.A.ABBAS
             AGED 31 YEARS
             CHERODATH VEEDU, KUTTAMASSERY, THOTTUMUGHAM P.O.,
             ALUVA, ERNAKULAM.
             BY ADVS.
             SRI.S.M.PREM
             SRI.P.K.NIJOY
             SMT.K.P.SANTHI


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
     2       THE GEOLOGIST
             DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, CIVIL
             STATION, ERNAKULAM, KOCHI-30.
             By SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.10.2022,        THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) NO.13295/2012                       2




                                   JUDGMENT

Dated this the 21st day of October, 2022 This writ petition is filed by the petitioner seeking the following reliefs:

(i) Issue a writ of mandamus or such other writ, direction or order directing the 2nd respondent to permit the petitioner to use motor pump in the mine for removal of water from the pit formed in the mine in the light of Exhibit P2 judgment.

(ii) Issue such other writ, direction or order as is deemed just and proper in the facts and circumstances of the case.

2.Apparently, petitioner has obtained a permit for mining of ordinary sand

from the concerned authorities in an extent 14.47 Ares of property situated in

Sy.No.219/1 of Aluva East Village since September, 2010. According to the

petitioner, petitioner was issued with Exhibit P1 permit in order to do quarrying

operations. From Exhibit P1 it is clear that the permit was valid for a period upto

31.8.2012. This writ petition was filed before this Court on 7.6.2012.

3. Therefore, it is clear and evident that the reliefs sought for by the

petitioner on the basis of Exhibit P1 is no more in force. Therefore, the writ petition

has virtually become infructuous and therefore, dismissed accordingly.

Sd/-

                                                     SHAJI P. CHALY,
smv                                                      JUDGE