Jithesh N.E vs State Of Kerala
2024 Latest Caselaw 11177 Ker

Kerala High Court

Jithesh N.E vs State Of Kerala on 16 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
                       WP(C) NO. 15420 OF 2024
PETITIONER:

          JITHESH N.E.
          AGED 43 YEARS, S/O KRISHNAN NAMBOOTHIRI, MANGALASSERY
          ILLAM, POST PERUVALLUR, KONDOTTY, MALAPPURAM DISTRICT,
          PIN - 673638.

          BY ADVS.
          MEENA.A.
          VINOD RAVINDRANATH
          K.C.KIRAN
          M.R.MINI
          M.DEVESH
          ANISH ANTONY ANATHAZHATH
          THAREEQ ANVER K.
          NIVEDHITHA PREM.V


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES,
          THIRUVANANTHAPURAM, PIN - 695001.
    2     THE SUB COLLECTOR
          TIRUR, MALAPPURAM DISTRICT, PIN - 676101.
    3     THE GEOLOGIST
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
          MINI CIVIL STATION, MANJERI PO, MALAPPURAM DISTRICT,
          PIN - 676121.
    4     THE VILLAGE OFFICER
          PERUVALLUR, MALAPPURAM DISTRICT, PIN - 673638.
    5     PERUVALLUR GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, POST PERUVALLUR,
          PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN - 673638.
    6     THE SECRETARY
          PERUVALLUR GRAMA PANCHAYATH, POST PERUVALLUR,
          PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN - 673638.

          SRI.V.VENUGOPAL, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15420 OF 2024

                                    2

                               JUDGMENT

The writ petition is filed with the following prayers:

(i) To issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 not to interfere with the "Edapparambil Kshethram Trust" taking the laterite stones excavated during the process of digging the temple pond to the Aarattu Kadavu of the temple.

(ii) To pass an order directing the respondents 1 to 4 not to interfere with the "Edapparambil Kshethram Trust" taking the laterite stones excavated during the course of digging temple pond to the "Aarattu Kadavu", pending disposal of the above writ petition (Civil).

(iii) To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to take immediate and effective action on Ext.P12 representation after affording an opportunity of hearing to the petitioner.

(iv) To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to take immediate and effective action on Ext.P12(a) representation after affording an opportunity of hearing to the petitioner.

WP(C) NO. 15420 OF 2024

2. When the matter was taken up, the learned counsel

for the petitioner confined his reliefs to the limited extent of

directing the 2nd respondent to consider and pass orders on

Ext.P12 within a time frame.

3. Accordingly, there will be a direction to the 2nd

respondent to consider and pass orders on Ext.P12, after

affording an opportunity of hearing to the petitioner, in

accordance with law, within a period of six weeks from the

date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE mpm WP(C) NO. 15420 OF 2024

APPENDIX OF WP(C) 15420/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PERUVALLUR DATED 01.07.2023.

Exhibit P2 TRUE COPY OF THE TRUST DEED DATED 31.05.2006.

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY SECRETARY, PERUVALLUR GRAMA PANCHAYATH DATED 30.11.2021.

Exhibit P4 TRUE COPY OF THE MINUTES OF THE MEETING DATED 16.10.2022.

Exhibit P5 TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED BY SUB COLLECTOR, TIRUR DATED 10.11.2023.

Exhibit P6 TRUE COPY OF THE RECEIPT OF PAYMENT OF PENALTY DATED 11.12.2023.

Exhibit P7 TRUE COPY OF THE RECEIPT FOR PAYMENT OF ROYALTY DATED 29.02.2024.

Exhibit P8 TRUE COPY OF THE ORDER ISSUED BY THE DEPARTMENT OF INDUSTRIES DATED 21.02.2024.

Exhibit P9 TRUE COPY OF THE ORDER ISSUED BY GEOLOGIST, MALAPPURAM DATED 07.03.2024. Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TRUST BEFORE REVENUE DIVISIONAL OFFICER, TIRUR DATED 10.05.2023. Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TRUST AND THE COMMITTEE BEFORE THE GEOLOGIST ON 10.05.2023.

Exhibit P12 TRUE COPY OF THE REPRESENTATION BEFORE THE RESPONDENT No.2 ON 09.04.2024. Exhibit P12(a) TRUE COPY OF THE REPRESENTATION BEFORE THE RESPONDENT NO.3 ON 09.04.2024.