Sethu vs M/S Kuttickal Constructions
2023 Latest Caselaw 12858 Ker

Citation : 2023 Latest Caselaw 12858 Ker
Judgement Date : 8 December, 2023

Kerala High Court

Sethu vs M/S Kuttickal Constructions on 8 December, 2023

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
        Friday, the 8th day of December 2023 / 17th Agrahayana, 1945
                             WA NO. 1862 OF 2023

    AGAINST JUDGMENT DATED 17/10/2023 IN WP(C) 11526/2023 OF THIS COURT

APPELLANT(S)/5TH RESPONDENT:

     SETHU, AGED 31 YEARS, CHARIVILAYIL MATTAPPALLY, AASAN
     KALING NOORNADU, PIN - 690504.

BY ADVS. M/S. V.M. KRISHNAKUMAR & P.R. REENA

RESPONDENT(S)/PETITIONER & RESPONDENTS:

  1. M/S. KUTTICKAL CONSTRUCTIONS, AGED 47 YEARS, REP BY ITS PROPRIETOR
     OFFICE NO: 131/A/8 - THOTTAPPALLY P.O, ALAPPUZHA, PIN - 690001.
  2. DISTRICT POLICE CHIEF, SUPERINTENDEND OFFICE, ALAPPUZHA, PIN -
     690001.
  3. DEPUTY SUPERINTENDEND OF POLICE, DY.S.P OFFICE, CHENGANNUR, PIN -
     689121.
  4. STATION HOUSE OFFICER NOORNADU POLICE STATION NOORNADU, PIN -
     690504.
  5. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL
     STATION, CHERTHALA, ALAPPUZHA, PIN - 688524.

BY ADV. SRI. JOBI JOSE KONDODY FOR R1 AND

SENIOR GOVERNMENT PLEADER SRI. S. KANNAN FOR R2 TO R5

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents 2 to 5 to ensure that no removal of ordinary
earth from the hillock of Kathadayyathu Colony in Ward No.4 Palamel
Gramapanchayath is conducted, pending disposal of the above writ appeal.
     This Writ Appeal coming on for orders along with connected case on
08/12/2023 upon perusing the appeal memorandum, the Court on the same day
passed the following:

                                                                       P.T.O.
                           A.J.DESAI, C.J.
                                  &
                           V.G.ARUN, J.
               =========================
                  W.A. Nos. 1847 & 1862 of 2023
               =========================
             Dated this the 8th day of December, 2023



                                ORDER

A.J.DESAI, C.J.

Principal Secretary, Industries Department, Government

Secretariat, Thiruvananthapuram - 1, is suo motu impleaded as

additional 8th respondent in the writ appeal.

2. Principal Secretary, Industries Department, along with other

four members who have been selected by him, shall prepare a report

with regard to the issue involved in the present proceedings and if

requires, shall visit the place. The committee shall undertake this

exercise at the earliest and a copy of the report shall be supplied to all

concerned before the next posting date.

3. Having considered the later report submitted by the District

Collector, we are of the opinion that no further mining activities shall