A. M. Varghese vs The Station House Officer
2024 Latest Caselaw 4262 Ker

Kerala High Court

A. M. Varghese vs The Station House Officer on 1 February, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
                    WP(C) NO. 2451 OF 2024


PETITIONER :-

           A. M. VARGHESE, AGED 67 YEARS
           S/O. MANI, AYINKALATHIL HOUSE,
           CHEMPANTHOTTI P.O., KANNUR DISTRICT, PIN - 670631

           BY ADVS.
           NISHA GEORGE
           GEORGE POONTHOTTAM (SR.)
           REGINALD VALSALAN

RESPONDENT :-

           THE STATION HOUSE OFFICER
           SREEKANDAPURAM POLICE STATION,
           SREEKANDAPURAM, KANNUR DISTRICT, PIN - 670631

           BY SMT.C.S.SHEEJA, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2451 OF 2024
                                       2




                                 JUDGMENT

The learned senior counsel appearing for the petitioner submitted that

after the filing of this writ petition, a fresh cause of action arose and raising

additional pleadings and arraying other respondents, W.P.(C) No.3751/2024

has been filed. He seeks permission to withdraw this writ petition and to

pursue the reliefs sought for in W.P.(C) No.3751/2024.

The permission is granted and this writ petition is dismissed as

withdrawn.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SMA WP(C) NO. 2451 OF 2024

APPENDIX OF WP(C) 2451/2024

PETITIONER EXHIBITS :

Exhibit-P1 TRUE COPY OF THE CONSENT NO.

KSPCB/KN/ICO/10032944/2023 DATED 07.07.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD

Exhibit-P2 TRUE COPY OF THE EXPLOSIVES LICENSE NO.

E/SE/KL/22/261(E112554) DATED 19.11.2019 ISSUED TO THE PETITIONER Exhibit -P3 TRUE COPY OF THE LICENCE NO. 131284012300949 DATED 01.01.2024 ISSUED BY THE RESPONDENT MUNICIPALITY TO THE PETITIONER

Exhibit-P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.

82/2018 DATED 24.03.2018 INITIALLY ISSUED TO THE PETITIONER BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KANNUR

Exhibit-P5 TRUE COPY OF THE OFFICE MEMORANDUM BEARING F.NO.

IA3-22/11/2023-IA.III (E-208230) DATED 03.11.2023 OF THE IMPACT ASSESSMENT DIVISION OF THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

Exhibit -P6 TRUE COPY OF THE QUARRYING PERMIT NO.

07/2023-24/QP/GS/DOKAN-DMG/821/2023-M DATED 06.01.2024 ISSUED IN FAVOUR OF THE PETITIONER BY THE GOVERNMENT OF KERALA, DEPARTMENT OF MINING & GEOLOGY

Exhibit-P7 TRUE PHOTOGRAPHS EVIDENCING THE ACTIONS OF THE LOCALS AND THEIR GOONS.

Exhibit -P8 TRUE COPY OF THE COMPLAINT DATED 17.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT STATION HOUSE OFFICER.

Exhibit-P9 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 17.01.2024 ISSUED BY THE RESPONDENT.

Exhibit -P10 TRUE COPY OF THE JUDGMENT DATED 16.01.2024 IN W.P (C) NO. 1730 OF 2024 PASSED BY THIS HON'BLE COURT