Kerala High Court
M.V.Radhakrishnan vs State Of Kerala on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
WP(C) NO. 18062 OF 2013
PETITIONERS:
1 M.V.RADHAKRISHNAN
AGED 53 YEARS
S/O.VELU, MUPLIYATH HOUSE PUTHUR P.O., THONIPPARA,
THRISSUR DISTRICT.
2 N.RAMESH
AGED 35 YEARS
S/O.ACHUTHAN NAIR, NADUVATHATTIL HOUSE,PUTHUR P.O.,
THONIPPARA, THRISSUR DISTRICT.
3 P.K.JOSE
AGED 54 YEARS
S/O.KURIAN, PAARATHOTTIYIL HOUSE,PUTHUR P.O.,
THONIPPARA, THRISSUR DISTRICT.
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNEMNT, REVENUE
DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR
THRISSUR-680 001.
3 THE REVENUE DIVISIONAL OFFICER
THRISSUR-680 001.
4 THE DISTRICT OFFICER
MINING AND GEOLOGY DEPARTMENT, THRISSUR-680 001.
5 THE VILLAGE OFFICER
KAINOOR VILLAGE, THRISSUR-680 001.
6 PUTHUR GRAMA PANCHAYATH
WP(C) NO. 18062 OF 2013
2
REPRESENTED BY SECRETARY, PUTHUR P.O.,
THRISSUR-680 001.
7 P.V.MATHAI
S/O.VARKEY, POKKAN HOUSDE, THONIPPARA, PUTHUR
P.O., THRISSUR-680 001.
BY ADVS.
SRI.K.C.MINESH KUMAR
SRI.P.M.ZIRAJ - R7
SRI.K.M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18062 OF 2013
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 18062 of 2013
----------------------------------------------
Dated this the 20th day of January, 2023
JUDGMENT
The above Writ Petition is filed with the following
prayers:
"(i) issue a Writ of Mandamus or any other
appropriate writ, order or direction to the 2 nd
respondent to see that the directions in Ext.P6 are
complied with forthwith;
(ii) issue a Writ of Mandamus or any other
appropriate writ, order or direction to the respondents
2 to 6 to taking emergent action against 7 th
respondent who is conducting granite quarry in a
dangerous manner causing eminent threat to life and
properties of petitioners;
(iii) Issue such other reliefs as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."[SIC]
2. This writ petition is pending before this Court
from 2013 onwards. The main grievance of the
petitioners is against the inaction of the respondents in
WP(C) NO. 18062 OF 2013
taking steps to prevent illegal quarrying operations.
There is no interim order passed in this case. In such
circumstances, this writ petition need not be retained
indefinitely. If there is any surviving grievance to the
petitioners, the petitioners are free to approach the
competent authority among the respondents and if any
such representation is received, the competent authority
will do the needful in accordance to law, after giving an
opportunity of hearing to the petitioners and other
affected parties.
With the above observation, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 18062 OF 2013
APPENDIX OF WP(C) 18062/2013
PETITIONER EXHIBITS
EXHIBIT P1.PHOTOGRAPHS OF HOUSES
NEARBY 7TH RESPONDENT'S QUARRY.
EXHIBIT P2. TRUE COPY OF THE MASS
PETITION DATED 30/3/13 MADE TO 2ND
RESPONDENT.
EXHIBIT P3. TRUE COPY OF RECEIPT
DATED 30/3/2013 ISSUED FROM THE
OFFICE POF THE 2ND RESPONDENT
EXHIBIT P4. TRUE COPY OF RECEIPTS
DATED 30/3/2013, 1/4/2013,18/5/2013
AND 30/3/2013 ISSUED FROM THE OFFICES
OF RESPONDENTS 3 TO 6 RESPECTIVELY.
EXHIBIT P5. TRUE COPY OF THE RECEIPTS
DATED 18/5/2013 AND 17/5/2013 ISSUED
FROM SUTHARYA KERALAM AND OFFICE OF
DISTRICT POLICE CHIEF, THRISSUR.
EXHIBIT P6. TRUE COPY OFCOMMUNICATION
DATED 4/5/2013 OF THE 2ND RESPONDENT
EXHIBIT P7. TRUE COPY OF THE NEWS
ITEM REPORTED IN MATHRUBHOOMI DAILY
DATED 12/5/2013.
EXHIBIT P8. TRUE COPY OF THE NEWS
ITEM REPORTED IN MATHRUBHOOMI DAILY
DTED 9/7/2013.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
