Kerala High Court
Varkey George vs The Geologist on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 25201 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 25201 OF 2017
PETITIONER/S:
VARKEY GEORGE
AGED 55 YEARS
S/O. LATE GEORGE, AGED 55 YEARS, CHERIPURATHU HOUSE,
KOORALI P.O., KOTTAYAM DISTRICT - 686 522.
BY ADV SRI.SERGI JOSEPH THOMAS
RESPONDENT/S:
1 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
CIVIL STATION, KOTTAYAM - 686 002.
2 ELIKKULAM GRAMA PANCHAYAT
KOTTAYAM DISTRICT, KOORALI P.O. 686 522 REPRESENTED
BY ITS SECRETARY.
3 THOMAS V.T.
VEZHANBASSERIL, KOORALI P.O., KOTTAYAM DISTRICT - 686
522.
BY ADVS., SRI.RIYAL DEVASSY, GP
SRI.V.V.SURESH
SRI.T.V.GEORGE, R3
SRI.JIMMY GEORGE THADATHIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25201 OF 2017 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 25201 of 2017
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Dated this the 4th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"A) to issue a writ of certiorari or any other appropriate writ
order or direction calling for the records and proceeding up to
the issuance of Exhibits P7 and P8 and quash the same.
B) to issue a writ of mandamus or any other appropriate writ
order or direction commanding the respondents 1 and 2 to take
effective steps to stop the illegal excavation of ordinary earth
and blasting of rocks by the third respondent in R.S. No. 150/1-
6 of Elamgulam Village for the purpose of sale on the strength
of Exhibits P7 and P8
C) to issue a writ of mandamus or any other appropriate writ
order or direction commanding the first respondent to recover
the royalty and penalty from the third respondent for the
ordinary earth excavated and the rocks blasted and transported
illegally from R.S. No. 150/1-6 of Elamgulam Village, on the
strength of Exhibits P7 and P8.
D) pass such other writ order or direction that this Hon'ble
Court may deem fit and proper in the facts and circumstances
of the case.
E) to allow the writ petition with cost of this petition.
2. The petitioner is aggrieved because, according to him,
there is illegal mining and blasting activities and also the sale of
ordinary earth and rocks on a commercial basis by the 3 rd
respondent on the strength of Exts.P7 and P8. The petitioner
submitted Ext.P1 representation before the 1 st respondent and
the same is not considered. Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner, the
learned Government Pleader and the learned counsel appearing
for the 3rd respondent.
4. The Government Pleader submitted that the building
is already constructed by the 3rd respondent. The counsel
appearing for the 3rd respondent submitted that he acted only
legally with valid permits from all statutory authorities. I do not
want to make any observation about the same. Since the
representation is pending before the 1st respondent which is filed by
the petitioner, the same can be directed to be considered with
notice to the petitioner and the 3rd respondent.
Therefore, this writ petition is disposed of with the
following directions :
1) The 1st respondent is directed to consider and pass
appropriate orders in Ext.P1 after giving an opportunity of
hearing to the petitioner and the 3rd respondent as
expeditiously as possible, at any rate, within four months
from the date of receipt of a certified copy of this
judgment.
2) While deciding the matter, the 1st respondent also will
consider the applicability of Ext.P6.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 25201/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED
18.05.2017 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED
19.05.2017 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 19.05.2017
ISSUED BY SECOND RESPONDENT.
EXHIBIT P4 TRUE COPIES OF THE APPLICATION DATED
31.05.2017 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT UNDER THE RIGHT
TO INFORMATION ACT.
EXHIBIT P5 TRUE COPIES OF THE APPLICATION DATED
31.05.2017 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT UNDER THE
RIGHT TO INFORMATION ACT.
EXHIBIT P6 TRUE COPY OF THE LETTER NO. 1526/DY/EM/2017
DATED 14.06.2017 SENT BY THE FIRST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER NO. 024/2016-
2017/638/DY/ML/2017 DATED KOTTAYAM
29.03.2017 ISSUED BY THE FIRST RESPONDENT
IN FAVOUR OF THE THIRD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE DEVELOPMENT PERMIT NO. A2
589/17 DATED 22.02.2017 ISSUED BY THE
SECOND RESPONDENT IN FAVOUR OF THE THIRD
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE APPEAL DATED 18.07.2017
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST APPELLATE AUTHORITY UNDER THE RIGHT
TO INFORMATION ACT.
