A.V.Johny vs The Secretary, Kamakshy Grama ...
2024 Latest Caselaw 4294 Ker

Kerala High Court

A.V.Johny vs The Secretary, Kamakshy Grama ... on 1 February, 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
  THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
                   WP(C) NO.11918 OF 2015
PETITIONER:

          SRI.A.V.JOHNEY, AGED 59 YEARS
          EDASSERRY HOUSE, NEELESWARAM.P.O, KALADY VIA,
          ERNAKULAM.
          BY ADVS.
          SRI.PHILIP J.VETTICKATTU
          SRI.B.PREMNATH E


RESPONDENTS:

    1     THE VILLAGE OFFICER
          UPPUTHODU VILLAG,E PRAKASH.P.O, IDUKKI-685604.
    2     THE ADDITIONAL TAHSILDAR
          IDUKKI-685603.
    3     THE DISTRICT GEOLOGIST OFFICE OF THE DISTRICT
          GEOLOGIST, IDUKKI-685603.
    4     THE ENVIRONMENTAL ENGINEER
          POLLUTION CONTROL BOARD, IDUKKI-685603.
          BY ADVS.
          SRI.T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL
          BOARD



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C) NO.11960/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.11918 & 11960 OF 2015      2




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
                       WP(C) NO.11960 OF 2015
PETITIONER:

             A.V.JOHNY, AGED 55 YEARS
             EDASSERRY HOUSE, NEELESWARAM, KALADY,
             VIA.ERNAKULAM.
             BY ADVS.
             SRI.PHILIP J.VETTICKATTU
             SRI.B.PREMNATH E


RESPONDENTS:

     1       THE SECRETARY, KAMAKSHY GRAMA PANCHAYATH
             THANKAMANY.P.O., IDUKKI DISTRICT-685603.
     2       KAMALAKSHY GRAMA PANCHAYATH
             THANKAMANY.P.O., IDUKKI DISTRICT-685603,
             REPRESENTED BY ITS SECRETARY.
             BY ADVS.
             SRI.K.M.KURIAN
             JOICE GEORGE
             SRI.T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL
             BOARD



      THIS    WRIT    PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.02.2024, ALONG WITH WP(C).11918/2015, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.11918 & 11960 OF 2015   3




                              JUDGMENT

The learned counsel for the petitioner submits

that no further orders are necessary in these writ

petitions and that the same can be closed.

Accordingly, the writ petitions are closed.

P.V.KUNHIKRISHNAN JUDGE

sp/01/02/2024

APPENDIX OF WP(C) NO.11918/2015

PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF PROCEEDINGS BY THE DIRECTOR OF MINING AND GEOLOGY DT.28/1/2009 GRANTING QUARRYING LEASE TO THE EPTITIONER.

EXT.P2 TRUE COPY OF NOC DT.19/06/2008 ISSUED BY THE DISTRICT COLLECTOR FOR GRANTRING QUARRYING LEASE.

EXT.P3 TRUE COPY OF EXPLOSIVE LICENSE DT.13/09/2011 VALID UPTO 31/3/2015. EXT.P4 TRUE COPY OF RECEIPT ACKNWLEDGING RECEIPT OF RENEWAL APPLICATION BY THE EXPLOSIVE DEPARTMENT.

EXT.P5 TRUE COPY FO RECEIPT ACKNOWLEDING RECIEPT OF RENEWAL APPLICATION FEE BY THE POLLUTION CONTROL BOARD. EXT.P6 TRUE COPY OF LICENSE ISSUED BY THE SECRETARY KAMAKSHY GRAMA PANCHAYAT FOR THE PERIOD 2014-2015.

EXT.P7 TRUE COPY OF RECEIPT ISSUED BY THE KAMAKSHY GRAMA PANCHAYAT ACKNOWLEDING RECEIPT OF APPLICATION.

EXT.P8 TRUE COPY OF STOP MEMO DATED 06/04/2015 ISSUED BY THE VILLAGE OFFICER, UPPUTHODU VILLAGE.

EXT.P9 TRUE COPY OF THE LICENCE DATED 13.08.2015 RENEWED BY THE KAMAKSHY PANCHAYAT EXT.P10 TRUE COPY OF THE CONSENT DATED 21.05.2015 RENEWED BY THE POLLUTION CONTROL BOARD

EXT.P11 TRUE COPY OF THE EXPLOSIVE LICENCE DATED 21.05.2015 RENEWED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, CHENNAI.

RESPONDENT'S EXHIBITS:-

EXHIBIT R2(A) TRUE COPY OF THE STOP MEMO DATED 09.04.2005

APPENDIX OF WP(C) NO.11960/2015 PETITIONER'S EXHIBITS:

EXT.P1 COPY OF PROCEEDINGS BY THE DIRECTOR OF MINING AND GEOLOGY DATED 28.1.2009 GRANTING QUARRYING LEASE TO THE PETITIONER.

EXT.P2 COPY OF NOC DT.19.6.2008 ISSUED BY THE DISTRICT COLLECTOR FOR GRANTING QUARRYING LEASE.

EXT.P3 COPY OF EXPLOSIVE LICENSE DT.13.09.2011 VALID UP TO 31.3.2015.

EXT.P4 COPY OF RECEIPT ACKNOWLEDGEING RECEIPT OF RENEWAL APPLICATION BY THE EXPLOSIVE DEPARTMENT.

EXT.P5 COPY OF LICENSE ISSUED BY THE SECRETARY KAMAKSHY GRAMA PANCHAYAT FOR THE PERIOD 2014-2015.

EXT.P5A COPY OF ENGLISH TRANSLATION OF EXT.P5. EXT.P6 COPY OF RECEIPT ISSUED BY THE KAMAKSHY GRAMA PANCHAYAT ACKNOWLEDGING RECEIPT OF APPLICATION.

EXT.P7 COPY OF APPLICATION DT.6.4.2015 FOR ISSUING CERTIDFICATE OF LICENSE SUBMITTED BEFORE THE RESPONDENT. EXT.P7A COPY OF ENGLISH TRANSLATION OF EXT.P7.