Vintu Thomas vs The District Collector
2023 Latest Caselaw 911 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 4249 OF 2022
PETITIONER:

          VINTU THOMAS
          AGED 35 YEARS
          S/O. THOMAS, VAZHAYIL HOUSE, CHEMPENTHOTTY P.O.,
          KARAYATHUMCHAL, KANNUR DISTRICT - 670 631.
          BY ADVS.
          ABDUL JAWAD K.
          A.GRANCY JOSE


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
          THAVAKKARA, KANNUR, KERALA - 670 002.
    2     THE ADDITIONAL DISTRICT MAGISTRATE
          CIVIL STATION, KANNUR - 670 002.
    3     THE DIRECTOR OF MINING AND GEOLOGY
          DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
          PATTOM PALACE P. O., THIRUVANANTHAPURAM - 695 004.
    4     THE GEOLOGIST
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
          CIVIL STATION, E - BLOCK, KANNUR - 670 002.
    5     THE DEPUTY DIRECTOR OF MINE SAFETY
          SOUTHERN ZONE, BENGALURU, 7TH FLOOR, SIR
          VISVESWARAYA KENDRIYA BHAWAN, 1ST STAGE NEAR DOMLUR
          FLY OVER, BENGALURU, KARNATAKA - 56007.
    6     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
          (SEIAA), REPRESENTED BY ITS CHAIRMAN, K.S.R.T.C. BUS
          TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
          THIRUVANANTHAPURAM - 695 001.
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W.P.(C).No.4249 OF 2022


     7       THE KERALA STATE POLLUTION CONTROL BOARD
             REPRESENTED BY ENVIRONMENTAL ENGINEER, KANNUR
             DISTRICT OFFICE, 6TH FLOOR, RUBCO HOUSE, SOUTH
             BAZAAR, KANNUR - 670 002.
     8       THE SREEKANDAPURAM MUNICIPALITY
             REPRESENTED BY ITS SECRETARY, MUNICIPAL
             OFFICE, DHARMASALA, KANNUR UNIVERSITY P. O.,
             SREEKANDAPURAM - 670 631.
     9       JOSEPH T. T.
             S/O. THOMAS T. V., THENGANAMKUNNEL HOUSE,
             NEDIYANGA P. O., KANNUR DISTRICT - 670 631.
             BY ADVS.
             JAYAKUMAR NAMBOODIRI T.V
             M.RAMESH CHANDER (SR.)
             BALU TOM
             BONNY BENNY

             SMT.SURYA BINOY

             SRI.T.NAVEEN (SC)

             SRI.S.MANU - DSGI

             SRI.M.P.SREEKRISHNAN



         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                3

W.P.(C).No.4249 OF 2022




                          JUDGMENT

The learned counsel for the petitioner has filed a not

press memo. In view of the said memo, this writ petition

is dismissed as not pressed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Raj.

17.01.2023.

W.P.(C).No.4249 OF 2022

APPENDIX OF WP(C) 4249/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 19.03.2021 ISSUED IN FAVOUR OF THE FATHER OF THE PETITIONER. Exhibit P1(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 09.06.2020 ISSUED IN FAVOUR OF THE MOTHER OF THE PETITIONER. Exhibit P1(b) TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE RESIDENTIAL BUILDING DATED 18.02.2021 ISSUED IN FAVOUR OF THE FATHER OF THE PETITIONER BY THE 8TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE EC DATED 07.11.2017 ISSUED BY THE DEIAA, KANNUR TO THE 9TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 9TH RESPONDENT BEFORE THE DEIAA FOR EC.

Exhibit P4 TRUE COPY OF THE ORDER GRANTING LEASE DATED 05.09.2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RENEWED EXPLOSIVE LICENSE DATED 07.05.2021 BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE DATED 30.10.2020 ISSUED BY THE 7TH RESPONDENT. Exhibit P7 TRUE COPY OF THE D&O LICENSE DATED

W.P.(C).No.4249 OF 2022

19.05.2021 ISSUED BY THE SREEKANDAPURAM MUNICIPALITY. Exhibit P8 TRUE PHOTOGRAPHS SHOWING CRACKS ON THE WALLS OF THE HOUSE.

Exhibit P9 TRUE COPY OF THE COMPLAINTS DATED 28.04.2021 PREFERRED BEFORE THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE COMPLAINTS DATED 28.04.2021 PREFERRED BEFORE THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE COMPLAINTS DATED 28.04.2021 PREFERRED BEFORE THE DISTRICT POLICE CHIEF.

Exhibit P12 TRUE COPY OF THE RECEIPT ISSUED BY THE SREEKANDAPURAM POLICE STATION DATED 04.09.2021 ON ANOTHER COMPLAINT OF THE MOTHER OF THE PETITIONER. Exhibit P13 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 22.11.2021 ON A COMPLAINT OF THE PETITIONER'S MOTHER. Exhibit P14 TRUE COPY OF THE LETTER ISSUED BY THE REVENUE DIVISIONAL OFFICER, TALIPARAMBA DATED 06.12.2021. Exhibit P15 TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 1ST RESPONDENT DATED 22.12.2021 WITH COPIES TO RESPONDENTS 4, 6 AND 7.

Exhibit P16 TRUE COPY OF THE REPLY DATED 11.01.2022, BY THE 4TH RESPONDENT. Exhibit P17 TRUE COPY OF THE G.O.(P)

W.P.(C).No.4249 OF 2022

NO.59/2015/TRAN. DATED 29.09.2015. Exhibit P18 A TRUE COPY OF THE COMMUNICATION DATED 11.05.2022 ISSUED BY THE 6TH RESPONDENT.