Kerala High Court
Kunhali Musliyar vs The State Of Kerala on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 4318 OF 2017
PETITIONERS:
1 KUNHALI MUSLIYAR
S/O.ABDURAHIMAN, PANKATH HOUSE, 11/578,
ACHANAMBALAM, KANNAMANGALAM P.O., PIN - 676 304,
MALAPPURAM DISTRICT.
2 *(ABDULLAKUTTY HAJI
S/O.PULIKKAL HASSAN HAJI, PULIKKAL HOUSE, CHEROOR
P.O., VENGARA, MALAPPURAM DISTRICT). CORRECTION *
THE SECOND PETITIONER IN THE CAUSETITLE IS SCORED
AND SUBSTITUTED AS "MR. SAIDALAVI, S/O. MOHAMMED,
NADAKKAL HOUSE, CHEROOR (PO), TIRURANGADI TALUK,
MALAPPURAM DISTRICT", AS PER ORDER DATED
20.02.2017 IN I.A. 2583/2017.
BY ADV.
SRI.JAMSHEED HAFIZ
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO THE REVENUE
DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR
MALAPPURAM, MALAPPURAM DISTRICT - 676 505.
3 THE KANNAMANGALAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KANNAMANGALAM P.O.,
PIN - 676 304, MALAPPURAM DISTRICT.
4 THE REVENUE DIVISIONAL OFFICER
TIRUR, TIRUR P.O., PIN - 676 101,
MALAPPURAM DISTRICT.
5 THE TAHASILDAR
TIRURANGADI, MALAPPURAM DISTRICT - 676 306.
6 SHEIK ABDULLA
S/O.CHAKIRI AHAMMED KUTTY, JASMINE HOUSE, CHEROOR
P.O., MALAPPURAM DISTRICT - 676 304.
W.P.(C) No.4318 of 2017
2
7 AHAMMED HARSHAN
S/O.CHAKEERI MOIDEENKUTTY, CHEROOR P.O.,
PIN - 676 304, MALAPPURAM DISTRICT.
8 THE SENIOR GEOLOGIST
MINING AND GEOLOGY DEPARTMENT,
MALAPPURAM - 676 505.
BY ADVS.
SRI.HARISH R. MENON
SRI.M.MUHAMMED SHAFI
SRI.K.T.SHYAMKUMAR
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.4318 of 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 4318 of 2017
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Dated this the 05th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
"a) Issue a writ of Mandamus or any
appropriate writ or direction, directing the
respondents 1 to 5 to prevent and stop the
functioning of the illegal quarrying operation being
conducted by the respondents 6 and 7 in Survey
No. 425 of Kilinakode village of Kannamangalam
Panchayath.
And
b) Pass any other appropriate writ, order
or direction which this Hon'ble Court may deem fit
to issue and the petitioner may pray from time to
time."[SIC]
2. When this Writ petition came up for on
09.02.2017, this Court passed the following order:
"Admit.
Government Pleader takes notice for R1, R2,
R4, R5 and R8.
Issue notice to R3, R6 and R7.
The official respondent shall ensure that no
quarrying is carried on by R6 and R7 without proper
sanction and permits as also Environmental
Clearance."
In the light of the above order, no further
direction is necessary.
Therefore, recording the order dated
09.02.2017, this Writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 4318/2017
PETITIONER EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE POSSESSION
CERTIFICATE OF THE 1ST PETITIONER
DATED 20.06.2013.
EXHIBIT P2. A TRUE COPY OF THE RECEIPT FOR
PAYMENT OF SUBSIDY TO THE 1ST
PETITIONER DATED 28.11.2006.
EXHIBIT P3. A TRUE COPY OF THE JUDGMENT DATED
03.11.2015 IN W.P.C NO.10210/2007
BEFORE THIS HONOURABLE COURT.
EXHIBIT P4. A TRUE COPY OF THE ACKNOWLEDGMENT
OF COMPLAINT FILED BEFORE THE
DIRECTOR OF MINES AND SAFETY
BANGALORE DATED 22.04.2016.
EXHIBIT P5. A TRUE COPY OF THE RECEIPT OF
ACKNOWLEDGMENT OF THE COMPLAINT.
EXHIBIT P6. A TRUE COPY OF THE COMPLAINT FILED
BY PEPOPLE OF THE LOCALTY BEFORE
THE 2ND RESPONDENT DATED
09.12.2016.
EXHIBIT P7. A TRUE COPY OF THE COMPLAINT FILED
BY PEOPLE OF THE LOCALITY BEFORE
THE 2ND RESPONDENT DATED
09.12.2016.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
