Kerala High Court
Usman Koya vs The Cherukavu Grama Panchayath on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 8844 OF 2012
PETITIONERS:
1 USMAN KOYA
AGED 31 YEARS
S/O.MOOSA, PULIMALA, VIA PULIKKAL, KANNAMVETTIKAVU,
MALAPPURAM DISTRICT-673 637
2 P.REMLA
KARIMBANAKUZHIMALA, VIA PULIKKAL, CHERUKAVU
VILLAGE,KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637
3 ABUDL JALEEL P.
PULIMALA, KARIMBANAKUZHIMALA, VIA PULIKKAL,
KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637.
4 P.A.BASHEER ABDUL BASHEER
PULIMALA, KARIMBANAKUZHIMALA, VIA PULIKKAL,
KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
RESPONDENTS:
1 THE CHERUKAVU GRAMA PANCHAYATH
CHERUKAVU, P.O.PULIKKAL, MALAPPURAM - 673 637,
REPRESENTED BY ITS SECRETARY.
2 THE KERALA STATE POLLUTION CONTOROL BOARD
DISTRICT OFFICE, 19/269A, PERINTHALMANNA ROAD, UP HILL
P.O., MALAPPURAM REPRESENTED BY ITS ENVIORNMENTAL
ENGINEER-676 505.
3 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
C2, KENDRIYA BHAVAN, KOCHI-37.
4 THE DISTRICT COLLECTOR MALAPPURAM
COLLECTORATE, MANJERI-676 121.
WP(C) No.8844 OF 2012
2
5 THE REVENUE DIVISIONAL OFRFICER
(SUB COLLECTOR), PERINTHALMANNA, MALAPPURAM DISTRICT.
6 THE TAHSILDAR
ERANADU TALUK, TALUK OFFICE, ERANAD, MANJERI,
MALAPPURAM DISTRICT.
7 THE VILLAGE OFFICER
CHERUKAVU VILLAGE, MALAPPURAM DISTRICT.
8 THE GEOLOLGIST
MINING AND GEOLOGY DEPARTMENT, MALAPPURAM DISTRICT
OFFICE, MANJERI-676 121.
9 THE SUB INSPECTOR OF POLICE
KARIPUR POLICE STATION, MALAPPURAM DISTRICT.
10 THE CIRCLE INSPECTOR OF POLICE
KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM DISTRICT.
11 THE EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD, OFFICE OF THE EXECUTIVE
ENGINEER, ELECLTRICAL CIRCLE, MANJERI,MALAPPURAM
DISTRICT.
12 EDATHODI SAITHALAVI
S/O.MOHAMMED, EDATHODI HOUSE, THOTTIYANPARA, KURIYODAM,
AIKKARAPPADI, MALAPPURAM DISTRICT-673 637.
13 P.C.AHAMMEDKUTTY
S/O.MAMMIKUTTY HAJI, CHERUTHODI HOUSE, K.V.KAVU,
PULIKKAL,MALAPPURAM DISTRICT.
14 ABDUL SALEEM.C.
S/O.LAVI HAJI, CHENGOOT HOUSE, PUTHJIYARA,KOZHIKODE
DISTRICT.
15 K.VELAYUDHAN
S/O./KARUPPAN, KOTTARATHIL HOUSE, K.V.KAVU P.O.,
PULIKKAL,MALAPPURAM DISTRICT.
16 K.PREMARAJAN
S/O.VELAYUDHAN,KOTTARATHIL HOUSE, K.V.KAVU P.O.,
PULIKKAL,MALAPPURAM DISTRICT.
17 K.JAYAPRAKASH
S/O.MAMMUNNI, KOTTARATHIL HOUSE, K.V.KAVU P.O.,
WP(C) No.8844 OF 2012
3
PULIKKAL,MALAPPURAM DISTRICT.
18 C.HAMSA
S/O.KUNHAVARAN HAJI, KODAPPURAM (PARAMMAL), PULIKKAL,
KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637.
19 SHIVADASAN
S/O.NAYADI, PUTHUKAD, AMBALAKKANDI, PULIKKAL,
KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637
20 SUBRAMANIAN K.
KUNNATH MADARMKUDI VEEDU, AMBALAKKANDI, PULIKKAL,
KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637
21 RADHAKRISHNAN K
KUNNATH MADARMKUDI VEEDU, AMBALAKKANDI, PULIKKAL,
KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637.
22 PERIYASWAMI
AMBALAKKANDI, PULIKKAL, KANNAMVETTIKAVU, MALAPPURAM
DISTRICT-673 637.
23 ANIL
S/O.PENOOTTY, KUZHIPPALLY, KADAPPURAM PARAMMAL,
PULIKKAL, KANNAMVETTIKAVU, MALAPPURAM DISTRICT-673 637.
BY ADVS.
SRI.DEVAPRASANTH.P.J.
SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
GOVERNMENT PLEADER
SRI.DEVAPRASANTH.P.J.
SRI.AVM.SALAHUDIN
SRI.P.PARAMESWARAN NAIRASG OF INDIA
GOVERNMENT PLEADER
SRI.M.MUHAMMED SHAFI
SRI.V.N.RAMESAN NAMBISAN
SRI.AVM.SALAHUDIN
SRI.T.R.RAJANSCK.S.E.B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.8844 OF 2012
4
ANU SIVARAMAN, J.
=========================
W.P.(C) No.8844 of 2012
=========================
Dated this the 27th day of June, 2023
JUDGMENT
It is submitted by the learned counsel appearing for
the 1st respondent Grama Panchayat that the writ petition has
become infructuous due to efflux of time.
The writ petition is, therefore, closed as infructuous.
However, in case the petitioners have any subsisting
grievance, it will be open to them to place necessary
representations before the concerned respondents including
the Grama Panchayat and the Geologist as the case may be.
Reserving liberty to the petitioners to take up the matter, if
there is any surviving grievance, the writ petition is closed.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/27/06
WP(C) No.8844 OF 2012
APPENDIX
PETITIONER EXHIBITS
Exhibit-P1 True copy of the mass petition /
representation signed by 50 persons in the
locality including the Writ Petitioners and
submitted on 26-9-2011 before the First
Respondent Panchayath
Exhibit P1(a) True copy of the receipt issued by the
First respondent Panchayath dated 26-9-2011
on receipt of the mass petition
Exhibit-P2
True copy of the mass Petition signed by
103 persons including the Writ Petitioners
dated 15-3-2011/ submitted before the
Fourth Respondent (District Collector)
Exhibit-P3 A true copy of the communication dated 28-
6- 2011 containing information obtained
under Right to Information Act by A. V. M.
Hameed
Exhibit-P4 true copy of the communication containing
information obtained under Right to
information Act by Sri P. Basheer dated 5-
12-2011
Exhibit-P5 True copy of the complaint / representation
dated 24-11-2011 submitted before the
Kerala Government through the Chief
Minister of Kerala.
Exhibit-P6 True copy of the intimation given by
Revenue
Divisional Officer, Perinthalmanna (Sub
Collector) bearing No.JSP 20/11
Exhibit-P7 True copy of representation dated 21-2-2012
submitted by the Society, Environment
Protection Council, before the District
Collector, Malappuram
Exhibit P7(a) A True copy of the receipt dated 21-2-2012
issued on behalf of the District Collector
Exhibit-P8 A true copy of the news paper report
published in Madhyamam daily (Malappuram
Edition) dated 5-11-2011
Exhibit-P9 A true copy of the news items published in
Mathrubhoomi daily (Malappuram Edition)
dated 9-2-2012
