Kerala High Court
Saseendran vs State Of Kerala on 24 May, 2023
WP(C) No.16449/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
WP(C) NO. 16449 OF 2023
PETITIONERS:
1. SASEENDRAN, AGED 65 YEARS, S/O.SANKARAN, CHERIYAPALAPUZHA,
ERANJIKODE.P.O., MALAPPURAM DISTRICT, PIN - 676541
2. ARAVINDAKSHAN, AGED 46 YEARS, S/O.NARAYANAN NAIR, CHELATTU,
KULAPPADU, ERANJIKODE.P. O, MALAPPURAM DISTRICT, PIN - 676541
3. ABU, AGED 50 YEARS, S/O.VEERANKUTTY, PAIKKATTUPARAMBIL,
PULLIPPADAM.P.O., KARUKAMANNA, MALAPPURAM, PIN - 676541
4. P.P.MUHAMMEDKUTTY, AGED 58 YEARS, S/O.VEERANKUTTY,
PAIKKATTUPARAMBIL, PULLIPPADAM.P.O., KARUKAMANNA, MALAPPURAM, PIN -
676541
RESPONDENTS:
1. STATE OF KERALA, . REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE DISTRICT COLLECTOR, CIVIL STATION ROAD, UPHILL, MALAPPURAM
DISTRICT, PIN - 676505
3. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT
, PIN - 679322
4. THE TAHSILDAR, NILAMBUR TALUK. MALAPPURAM DISTRICT, PIN - 679329
5. THE VILLAGE OFFICER, PULLIPPADAM VILLAGE. MALAPPURAM DISTRICT, PIN -
676542
6. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT
, PIN - 676121
7. MAMBADU GRAMA PANCHAYAT, MAMBAD, MALAPPURAM DISTRICT, PIN - 676542.
REPRESENTED BY ITS SECRETARY
8. KERALA STATE POLLUTION CONTROL BOARD, UPHILL, MALAPPURAM DISTRICT,
PIN - 676505
9. THE DISTRICT DISASTER MANAGEMENT AUTHORITY, CIVIL STATION ROAD,
UPHILL, MALAPPURAM DISTRICT, PIN - 676505. REPRESENTED BY ITS
CHAIRPERSON.
10. THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, OBSERVATORY HILL,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033
11. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA, 4TH
FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM,
PIN - 695001. REPRESENTED BY ITS ADMINISTRATOR.
12. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION. NILAMBUR,
MALAPPURAM DISTRICT , PIN - 679329
13. KARUKAMANNA METALS, REPRESENTED BY ITS MANAGING PARTNER,
PALLIPARAMBANABDURAHIMAN, S/O.MUHAMMEDKUTTY HAJI, PALLIPARAMBAN
HOUSE, KEEZHUPARAMBA.P.O., MALAPPURAM DISTRICT , PIN - 673639.
14. CUSTODIAN OF VESTED FORESTS, OLAVAKKODE, PALAKKAD, PIN - 678002.
Writ Petition (Civil) praying inter alia that in the circumstances
WP(C) No.16449/2023 2/4
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P14 order passed by the 2nd
respondent and Ext.P16 decision of the 7th respondent, pending disposal of
this w.p(c).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. M.A.ABDUL HAKHIM, JOSEPH GEORGE & M.A.AZEEZ MUSHTAQUE, Advocates for
the petitioners, the court passed the following:
WP(C) No.16449/2023 3/4
N. NAGARESH, J.
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W.P.(C) No.16449 of 2023
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Dated this the 24th day of May, 2023
ORDER
The counsel for the petitioners pointed out that in Ext.P3
judgment, this Court had directed that SEIAA should take a
decision in this matter after obtaining a report from the District
Collector and that the quarry can be functioned only thereafter.
Standing Counsel for SEIAA to get instructions.
Post on 26.05.2023.
Sd/-
N. NAGARESH
JUDGE
ams
WP(C) No.16449/2023 4/4
APPENDIX OF WP(C) 16449/2023
Exhibit P14 PHOTOSTAT COPY OF THE ORDER DATED 29/03/2023 OF THE 2ND
RESPONDENT
Exhibit P16 PHOTOSTAT COPY OF THE RESOLUTION DATED 17/05/2023 OF
THE 7TH RESPONDENT
