K.D.Baby vs The District Collector
2023 Latest Caselaw 5209 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                           WP(C) NO. 39997 OF 2022
PETITIONER:

              K.D.BABY, AGED 69 YEARS,S/O.DEVASSY,
              KOLENCHERRY HOUSE, SREEMOOLANAGARAM.P.O.,
              CHOWARA, ALWAYE, ERNAKULAM, PIN-683580.
              BY ADV RAJESH VIJAYAN


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              PALAKKAD, PALAKKAD DISTRICT COLLECTORATE,
              KENATHUPARAMBU, KUNATHURMEDU,
              PALAKKAD-678013.
     2        THE DIRECTOR, DIRECTORATE OF MINING & GEOLOGY,
              KESAVADASAPURAM, PATTOM PALACE.P.O.,
              THIRUVANANTHAPURAM, PIN-695004.
     3        THE DISTRICT GEOLOGIST,
              MINING & GEOLOGY DEPARTMENT,
              TOWN BUS STAND COMPLEX, PALAKKAD, PIN-678014.
     4        TMT GRANITES PRIVATE LIMITED,
              VADAKKEKALAM, MANGALAM DAM.P.O., DAM ROAD,
              PALAKKAD, PIN-678706,
              REPRESENTED BY ITS MANAGING DIRECTOR SRI.TOM GEORGE.
     5        SURESH BABU, AGED 59 YEARS
              S/O.M.K.RAJAN, NIJUNJEN, VADAKKEKULAM,
              MANGALAM DAM.P.O., PALAKKAD, PIN-678706.
     6        K.PONNEN, AGED 66 YEARS
              S/O.KELI, RUKMINI NIVAS, PANNIKULAMBU,
              MANGALAM DAM.P.O., PALAKKAD, PIN-678706.
     7        THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
              K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR,
              THAMPANOOR, THIRUVANANTHAPURAM-695001,
              REPRESENTED BY ITS MEMBER SECRETARY.




              BY ADVS.
              LEO LUKOSE
              K.C.VINCENT
              ENOCH DAVID SIMON JOEL(K/925/2009)
 WP(C) No.39997 of 2022                   2


             S.SREEDEV(K/1219/2006)
             RONY JOSE(K/705/2012)
             CIMIL CHERIAN KOTTALIL(K/345/2017)
             T.N.ARJUN



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.04.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.39997 of 2022                                   3




                               VIJU ABRAHAM, J.
               .................................................................
                          W.P.(C) No.39997 of 2022
               .................................................................
                   Dated this the 20th day of April, 2023

                                     JUDGMENT

When the matter was taken up for consideration, the

learned counsel for the petitioner seeks permission to withdraw the

writ petition with liberty to move again.

Permission granted and the writ petition is dismissed as

withdrawn with liberty to move again.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 39997/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 18.05.2017.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 03.11.2021 PREFERRED BY THE PETITIONER BEFORE THE RESPONDENTS.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

27092 OF 2021 PASSED BY THIS HONOURABLE COURT DATED 30.11.2021.

Exhibit P4 TRUE INTERIM ORDER DATED COPY OF THE 21.12.2021 IN W.P.(C) NO. 28541 OF 2021 PASSED BY THIS HONOURABLE COURT. Exhibit P5 TRUE ORDER INTERIM DATED COPY OF THE 25.03.2022 IN W.P.(C) NO. 28541 OF 2021 PASSED BY THIS HONOURABLE COURT. Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED 29.10.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE ORDER OF THE INTERIM DATED COPY 12.07.2022 IN W.P.(C) NO. 22497 OF 2022 PASSED BY THIS HONOURABLE COURT. Exhibit P8 TRUE COPY OF THE ORDER DIRECTING TO ISSUE TRANSIT PASS ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 05.12.2022 BEFORE RESPONDENTS 1 TO 3 AND 7.

RESPONDENT EXHIBITS Exhibit R4(b) True copy of the final report dated 04.10.2019 in Crime No. 326/2018 of Mangalam Dam Police Station.

Exhibit R4(c) True copy of the order dated 12.04.2019 in I.A. 1194/2018 in O.S. 205/2018 before the Munsiff's Court, Alathur. Exhibit R4(d) True copy of the order dated 26.05.2020 in I.A. 1/2020 in WP(C) No. 9766/2020 on the files of this Hon'ble Court. Exhibit R4(e) True copy of the challan dtd. 08.07.2020 for payment of Rs.6,73,000/-

Exhibit R4(f) True copy of the order dated 10.11.2020 issued by the Deputy Controller of Explosives.

True copy of the judgment dated 14.12.2020 in WP(C) No. 26441/2020 on the files of this Hon'ble Court.

Exhibit R4(h) A true copy of the letter dated 22.11.2021 issued by the Geologist, Palakkad, which was produced as Exhibit P9 in WP(C) No. 28541/2021 on the files of this Hon'ble Court.

Exhibit R4(a) True copy of the FIR dtd. 06.08.2018 in Crime No. 326/2018 of Mangalam Dam Police Station.

Exhibit R4(i) True copy of the interim order dated 21.12.2021 in WP(C) No. 28541/2021 on the files of this Hon'ble Court.

Exhibit R4(j) True copy of the stop memo dated 14.02.2022 bearing No. DOP/1015/2015/A1 issued by the 3rd Respondent.

Exhibit R4(k) True copy of the judgment dated 17.02.2022 in CCC No. 283/2022 on the files of this Hon'ble Court.

Exhibit R4(l) True copy of the order dated 20.06.2022 issued by the Joint Secretary, Industries Department, Government of Kerala. Exhibit R4(m) True copy of the memorandum of appeal filed by the 4th Respondent before the Deputy Secretary, Industries Department, Government of Kerala.

Exhibit R4(n) True copy of the letter dated 05.11.2018 issued by the 4th Respondent to the Petitioner.

Exhibit R4(o) True copy of the letter dated 15.11.2018 issued by the Petitioner to the 4th Respondent.

Exhibit R4(p) True copy of the letter dated 01.04.2019 issued to the Petitioner.

Exhibit R4(q) True copy of the Certificate dated 21.05.2022 issued by the 3rd Respondent.