Mrs.Geetha Krishnankutty vs State Of Kerala
2023 Latest Caselaw 4115 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                   WP(C) NO. 6670 OF 2023
PETITIONER/S:

         MRS.GEETHA KRISHNANKUTTY
         AGED 51 YEARS
         REVATHY BHAVAN, VARIAPURAM, ELANTHOOR EAST.P.O,
         ELANTHUR VILLAGE, KOZENCHERRY TALUK,
         PATHANAMTHITTA DISTRICT., PIN - 689643
         BY ADVS.
         V.SETHUNATH
         V.R.MANORANJAN (MUVATTUPUZHA)
         SREEGANESH U.
         OBEID ABDUL MAJEED


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY REPRESENTED BY THE SECRETARY,
          REVENUE DEPARTMENT SECRETARIAT.,
          THIRUVANTHAPURAM, PIN - 695001
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, PATHANAMTHITTA, PIN - 689645
    3     THE REVENUE DIVISIONAL OFFICER
          ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523
    4     THE THAHASILDAR
          KOZENCHERRY TALUK, MINI CIVIL STATION,
          PATHANAMTHITTA, PIN - 689645
    5     THE VILLAGE OFFICER
          ELANTHOOR VILLAGE, ELANTHOOR.P.O PATHANAMTHITTA
          DISTRICT, PIN - 689643
    6     . THE SENIOR GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, NEAR KENDRIYA
          VIDYALAYA, ADOOR P. O. , PATHANAMTHITTA DISTRICT,
          PIN - 691523
    7     THE SECRETARY
          ELANTHOOR GRAMA PANCHAYATH, ELANTHOOR WEST.P.O,
                                           2-
W.P.(C). No. 6670 of 2023



                PATHANAMTHITTA DISTRICT, PIN - 689513
       8        JOHN MATHAI
                AGED 67 YEARS
                SON OF MATHAI YOHANNAN, VALIA THAZHAYIL HOUSE,
                ELANTHOOR VILLAGE, ELANTHOOR.P.O PATHANAMTHITTA
                DISTRICT, PIN - 689643
       9        LIZY JOHN MATHAI
                AGED 64 YEARS
                WIFE OF JOHN MATHAI, VALIA THAZHAYIL HOUSE,
                ELANTHOOR VILLAGE, ELANTHOOR.P.O PATHANAMTHITTA
                DISTRICT, PIN - 689643
      10        GROUND WATER DEPARTMENT
                DISTRICT OFFICE, REPRESENTED BY EXECUTIVE
                ENGINEER, PATHANAMTHITTA, SANTHOSH JUNCTION,
                AZHOOR, PATHANAMTHITTA, PIN - 689645
                BY ADVS.
                GOVERNMENT PLEADER
                AJITH MURALI
                MOHANAN M.K.(K/000762/2018)


OTHER PRESENT:

                SRI.K.M.FAISAL, GP,
                SRI.ARUN.B.VARGHESE FOR RESPONDENT


        THIS       WRIT       PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON        31.03.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                          3-
W.P.(C). No. 6670 of 2023



                              P.V.KUNHIKRISHNAN, J.
                               ======================================================

                                 W.P.(C) No. 6670 of 2023
                            =============================================================

                    Dated this the 31st day of March, 2023

                                            JUDGMENT

The above writ petition is filed with following prayers:

"1. Issue a writ of Mandamus or any appropriate writ, order or direction to the respondents 1 to 6 not to use chemicals for rock breaking in the properties of respondents 8 & 9.

2. Issue a writ of Mandamus or any appropriate writ, order or direction to the 3rd respondent to modify the Ext.P18 order by deleting "breaking the rocks with the use of chemicals'.

3. Grand such other relief as this Hon'ble court deems fit and proper to grant in the facts and circumstances of the case." (sic)

2. When this writ petition came up for consideration, the

counsel appearing for respondents 7 and 8 submitted that the

period mentioned in Ext.P18 is already over. If that be so, the

prayers in this writ petition are infructuous.

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W.P.(C). No. 6670 of 2023

Therefore, recording the submission of the counsel for the

respondents 7 and 8, this writ petition is closed. All other

contentions raised by the petitioner in this writ petition are left

open. sd/-

P.V.KUNHIKRISHNAN JUDGE das 5-

W.P.(C). No. 6670 of 2023

APPENDIX OF WP(C) 6670/2023

PETITIONER EXHIBITS ExhibitP1 THE TRUE COPY OF THE PHOTOS OF THE PROPERTIES ExhibitP2 THE TRUE COPY OF THE PHOTO OF THE WELL OF THE PETITIONER LYING ADJACENT TO THE PROPERTY OF THE RESPONDENTS 7 & 8 Exhibit P3 THE TRUE COPY OF THE PLAINT FILED BY THE PETITIONER IN O.S NO. 409/2020 DATED 22-12-2020 Exhibit P4 TRUE COPY OF THE COMMISSION REPORT, MAHAZAR AND ROUGH SKETCH PREPARED BY THE ADVOCATE COMMISSIONER DATED 16-1-

ExhibitP5 THE TRUE COPY OF THE COMMISSION APPLICATION DATED 27-3-2021 IN I.A NO. 3/ 2021 ExhibitP6 TRUE COPY OF THE CASE STATUS TAKEN FROM THE WEBSITE OF THE MUNSIFF'S COURT, PATHANAMTHITTA ExhibitP7 TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA DATED 15-12-2021 ExhibitP8 TRUE COPY OF THE RECEIPT ISSUED BY THE ELANTHOOR GRAMA PANCHAYATH DATED 13-12-

ExhibitP9 TRUE COPY OF THE NOTICE DATED 7-1-2022 ISSUED BY THE GEOLOGY DEPARTMENT Exhibit10 THE TRUE COPY OF THE ORDER OF THE VILLAGE OFFICER, ELANTHOOR DATED 11-4-

ExhibitP11 TRUE COPY OF THE LETTER ISSUED BY THE GEOLOGIST TO THE DISTRICT COLLECTOR, PATHANAMTHITTA DATED 18-4-2022 Exhibit12 TRUE COPY OF THE REPRESENTATION GIVEN BY THE 9TH RESPONDENT TO THE R.D.O, ADOOR DATED 20-4-2022 ExhibitP13 TRUE COPY OF THE NOTICE ISSUED BY THE THAHASILDAR, KOZENCHERRY DATED 30-4-

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W.P.(C). No. 6670 of 2023

ExhibiPt14 THE TRUE COPY OF THE LETTER ISSUED BY THE THAHASILDAR, KOZENCHERRY TO DISTRICT COLLECTOR, PATHANAMTHITTA DATED 20-5-2021 ExhibitP15 TRUE COPY OF THE LETTER GIVEN BY THE9TH RESPONDENT TO THE THAHASILDAR, KOZENCHERRY DATED 22-06-2022 ExhibitP16 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE THAHASILDAR, KOZENCHERRY DATED 19-07-2022 ExhibitP17 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P© NO. 25926 OF 2022 DATED 12-12-

ExhibitP18 THE TRUE COPY OF THE ORDER OF THE R.D.O, ADOOR DATED 14-2-2023