Kerala High Court
Saraswathy K vs State Of Kerala on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12596 OF 2017
PETITIONERS:
1 SARASWATHY K
W/O GOPALAKRISHNAN NAIR, AGED 65 YEARS, KOCHUKANDATHIL
HOSUE, KIZHATHIRI P.O., KOTTAYAM DISTRICT, PIN:686576.
2 K.N.THANKAPPAN
S/O NARAYANANA, KAZHUNNUKANDATHIL HOUSE, KIZHATHIRI P.O.,
KOTTAYAM DISTRICT, PIN:686576.
3 C.N.PRABHAKARAN
VADAKKEL HOSUE, KIZHATHIRI P.O.,
KOTTAYAM DISTRICT, PIN:686576.
BY ADVS.
SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
RESPONDENTS:
1 RAMAPURAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY - 686 576
2 ST.BASIL INDUSTRIES INDIA P LTD.
P.B.NO.2MMC VI 710 C9, II FLOOR, SURYA TOWER,
VELLOORKUNNAM, PIN:686 673 REPRESENTED BY ITS
MANAGING DIRECTOR, SHANS PAUL.
BY ADV SRI.BIBIN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12596 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.12596 of 2017
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Dated this the 12th day of April, 2024
JUDGMENT
The learned counsel appearing for the petitioner
submitted that, the writ petition may be allowed to
withdraw with liberty to file a fresh writ petition, if
there is any fresh cause of action. The liberty is
granted.
Therefore, the writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 12596 OF 2017
APPENDIX OF WP(C) 12596/2017
PETITIONER EXHIBITS
EXHIBIT P1: A TRUE COPY OF THE ORDER DATED 21.2.2017
IN APPEAL NO.1088 OF 2016 BEFORE THE
HONOURABLE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS.
EXHIBIT P2: A TRUE COPY OF THE RELEVANT EXTRACT OF
DISTRICT DISASTER MANAGEMENT PLAN FOR
KOTTAYAM DISTRICT FOR THE YEAR 2010.
EXHIBIT P3: A TRUE COPY OF THE QUESTIONNAIRE AND ITS
REPLY DATED 11.3.2015, LAID BY THE MINISTER
FOR MINISTRY OF SCIENCE AND TECHNOLOGY
AND EARTH SCIENCE ON THE TABLE OF THE
RAJYA SABHA.
EXHIBIT P4: A TRUE COPY OF THE REPORT DATED 22.7.2015,
SUBMITTED BY THE TAHSILDAR, MEENACHIL TO
THE DISTRICT COLLECTOR.
EXHIBIT P5: A TRUE COPY OF THE REPORT DATED 25.7.2015
SUBMITTED BY THE DEPUTY SUPERINTENDENT,
SPECIAL BRANCH, KOTTAYAM TO THE DISTRICT
COLLECTOR.
EXHIBIT P6: A TRUE COPY OF THE REPORT DATED 21.8.2015,
SUBMITTED BY THE TAHSILDAR, MEENACHIL TO
THE DISTRICT COLLECTOR.
EXHIBIT P7: A TRUE COPY OF THE RESOLUTION DATED
7.8.2015, TAKEN BY THE PANCHAYAT
COMMITTEE.
EXHIBIT P8: A TRUE COPY OF THE RELEVANT EXTRACT OF
THE TECHNICAL REPORT, SUBMITTED BY THE
INSTITUTE OF LAND AND DISASTER
MANAGEMENT.
EXHIBIT P9: A TRUE COPY OF THE REPORT DATED 6.5.2016,
WP(C) NO. 12596 OF 2017
SUBMITTED BY THE ASST. DIVISIONAL OFFICER,
FIRE AND RESCUE SERVICES, TO THE DISTRICT
COLLECTOR.
EXHIBIT P10: A TRUE COPY OF THE REPORT DATED 23.5.2016,
SUBMITTED BY THE CIRCLE INSPECTOR OF
POLICE, RAMAPURAM, TO THE DISTRICT
COLLECTOR.
EXHIBIT P11: A TRUE COPY OF THE REPORT DATED 25.5.2016,
SUBMITTED BY THE GEOLOGIST TO THE
DISTRICT COLLECTOR.
EXHIBIT P12: A TRUE COPY OF THE PROCEEDINGS DATED
13.6.2016, ISSUED BY THE DISTRICT
COLLECTOR.
EXHIBIT P13: A TRUE COPY OF THE RESOLUTION DATED
15.6.2016, TAKEN BY THE RAMAPURAM
PANCHAYATH COMMITTEE.
EXHIBIT P14: A TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE DATED 7.4.2013, ISSUED BY THE
2ND RESPONDENT, TO THE 11TH RESPONDENT
TO OPERATE THE QUARRY.
EXHIBIT P15: A TRUE COPY OF THE ORDER DATED 12.10.2015,
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P16: A TRUE COPY OF THE ORDER DATED 13.9.2013,
ISSUED BY THE 6TH RESPONDENT, GRANTING
QUARRYHING LEASE TO THE 11TH
RESPONDENT.
EXBHIBIT P17: A TRUE COPY OF THE QUARRYING LEASE DEED
DATED 26.9.2013, EXECUTED BETWEEN THE
7TH RESPONDENT AND 11TH RESPONDENT.
EXHIBIT P18: A TRUE COPY OF THE LETTER DATED 14.3.2014,
ISSUED BY THE 10TH RESPONDENT TO THE
11TH RESPONDENT.
WP(C) NO. 12596 OF 2017
EXHIBIT P19: A TRUE COPY OF THE ORDER DATED 8.7.2016,
IN R.P.NO.551/2016 IN W.A.NO.78/2015.
EXHIBIT P20: A TRUE COPY OF THE ORDER DATED 18.10.2016,
IN SLP(C) CC NO.16456-16457/2016 BEFORE THE
HONOURABLE SUPREME COURT.
EXHIBIT P21: A TRUE COPY OF THE ORDER DATED 2.9.2016 IN
WPC NO.29397/2016.
EXHIBIT P22: A TRUE COPY OF THE LETTER DATED 3.9.2016,
SUBMITTED BY THE 10TH RESPONDENT
BEFORE THE DISTRICT DISASTER
MANAGEMENT AUTHORITY.
EXHIBIT P23: A TRUE COPY OF THE RESOLUTION DATED
24.10.2016, TAKEN BY THE RAMAPURAM
PANCHAYATH COMMITTEE.
EXHIBIT P24: A TRUE COPY OF THE MEMORANDUM OF
APPEAL IN APPEAL NO.1088/2016 BEFORE THE
HONOURABLE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS.
EXHIBIT P25: A TRUE COPY OF THE AFFIDAVIT FILED BY THE
PETITIONERS IN APPEAL NO.1088/2016 BEFORE
THE HONOURABLE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS.
EXHIBIT P26: A TRUE COPY OF THE ORDER DATED 15.11.2016
ISSUED BY THE IST RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P27: A TRUE COPY OF THE PROCEEDINGS DATED
25.11.2016, ISSUED BY THE REVENUE
DIVISIONAL OFFICER.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
