Kerala High Court
P.K. Abdul Khader vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 1411 OF 2024
PETITIONER:
1 P.K. ABDUL KHADER,AGED 78 YEARS
S/O. MOHAMMED, FATHIMA MANZIL, CHUNANGAD P.O.,
OTTAPALAM, PALAKKAD DISTRICT, PIN - 679511
2 SHAHEER P.K.,AGED 41 YEARS
S/O. P.K. ABDUL KHADER, FATHIMA MANZIL,
CHUNANGAD P.O., OTTAPALAM, PIN - 679511
BY ADVS.SANTHEEP ANKARATH
P.ANIRUDHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001
2 DISTRICT COLLECTOR
CIVIL STATION, PALAKKAD -, PIN - 678001
3 REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD DISTRICT,, PIN - 679101
4 TAHSILDAR (LAND RECORDS),TALUK OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679101
5 VILLAGE OFFICER, AMABALAPPARA II VILLAGE,
AMABALAPPARA, PALAKKAD DISTRICT, PIN - 679511
6 STATION HOUSE OFFICER
OTTAPALAM POLICE STATION, OTTAPALAM - ,
PALAKKAD DISTRICT., PIN - 679101
SR.GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.1411 of 2024 2
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.1411 of 2024
.................................................................
Dated this the 15th day of February, 2024
JUDGMENT
Petitioners have approached this Court seeking a direction to
respondents not to harass them or their staff from the completely
authorised and legal quarrying operation conducted by the 2nd petitioner in
re-survey nos.66 and 287/17 of Ambalappara II and I Villages and also for
a direction to respondents 2 to 4 to initiate efficacious and expeditious
action on Exts.P16, P18 and P19 complaints against the 5 th respondent on
the allegation that the harassment is at the instance of 5th respondent.
2. Learned Government Pleader upon instruction submitted that the 5 th
respondent has now been transferred out of the present station.
In view of the same, no further orders are required in this writ
petition, leaving open all the contentions of the petitioners in the writ
petition.
Writ petition is disposed of accordingly.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 1411/2024
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF LEASE AGREEMENT DATED
1.6.2023 EXECUTED BETWEEN THE 1ST
PETITIONER AND ONE SHAHIDA.
EXHIBIT P 2 TRUE COPY OF LEASE AGREEMENT DATED
1.6.2023 EXECUTED BETWEEN THE 1ST
PETITIONER AND ONE ABDUL MUTHALIB.
EXHIBIT P 3 TRUE COPY OF ENVIRONMENTAL CLEARANCE
CERTIFICATE NO. 07/Q/2023 DATED
07.1.2023 ISSUED BY GOVERNMENT OF INDIA,
MINISTRY OF ENVIRONMENT, FOREST AND
CLIMATE CHANGE.
EXHIBIT P 4 TRUE COPY OF CONSENT TO OPERATE' DATED
17.2.2023 ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD
EXHIBIT P 5 TRUE COPY OF QUARRYING PERMIT FOR
EXTRACTION OF GRANITE ISSUED BY THE
GEOLOGIST AND DATED 26.7.2023
EXHIBIT P 6 TRUE COPY OF EXPLOSIVES LICENCE ISSUED
BY JOINT CHIEF CONTROLLER OF EXPLOSIVES
AND RENEWED ON 23.3.2023.
EXHIBIT P 7 TRUE COPY OF LICENCE DATED 22.3.2023
ISSUED BY AMBALAPARA GRAMA PANCHAYAT.
EXHIBIT P 8 TRUE COPY OF THE APPLICATION DATED
24.8.2017 SUBMITTED BY THE PETITIONER
ALONG WITH A RECEIPT ISSUED BY THE
AGRICULTURAL ASSISTANT
EXHIBIT P 9 TRUE COPY OF STOP MEMO NO. 1296/20/VO
DATED 26.9.2023 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P 10 TRUE COPY OF THE OBJECTION DATED
9.10.2023 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P 11 TRUE COPY OF INTERIM ORDER DATED
11.10.2023 IN WP(C) NO. 33533/2023
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P 12 TRUE COPY OF QUESTIONNAIRE DATED
17.10.2023 SUBMITTED BY THE 2ND
PETITIONER UNDER RIGHT TO INFORMATION
ACT.
EXHIBIT P 13 TRUE COPY OF ANSWER ISSUED UNDER THE
RIGHT TO INFORMATION ACT DATED
28.10.2023 TO THE 2ND PETITIONER.
EXHIBIT P 14 TRUE COPY OF THE INFORMATION GIVEN TO
THE PETITIONER ON 19.10.2023 ALONG WITH
LETTER ISSUED BY THE STATION HOUSE
OFFICER, OTTAPALAM POLICE STATION TO THE
3RD RESPONDENT DATED 11.10.2023, THE
LETTER ADDRESSED TO THE STATION HOUSE
OFFICER, OTTAPALAM AND DATED 2.10.2023
AND THE LETTER ADDRESSED TO THE 3RD
RESPONDENT ISSUED BY THE 5TH RESPONDENT
DATED 27.9.2023.
EXHIBIT P 15 MAHAZAR AS SERVED ON THE PETITIONER
STATED TO BE PREPARED BY THE VILLAGE
OFFICER WITHOUT ANY SPECIFIC DATE AND
OBTAINED BY THE 2ND PETITIONER UNDER
RIGHT TO INFORMATION ACT ALONG COVERING
LETTER DATED 08.11.2023.
EXHIBIT P 16 TRUE COPY OF THE COMPLAINT SENT BY THE
2ND PETITIONER TO THE 3RD AND 4TH
RESPONDENTS THROUGH EMAIL ON 3.1.2024.
EXHIBIT P 17 TRUE COPY OF DUPLICATE PASS OF THE
VEHICLE TIPPER NO. KL 51 P 5896 ISSUED
ON 20.10.2023.
EXHIBIT P 18 TRUE COPY OF COMPLAINT DATED 21.10.2023
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE 2ND AND 3RD RESPONDENTS ALONG WITH
ITS RECEIPTS.
EXHIBIT P 19 TRUE COPY OF COMPLAINT DATED 9.1.2024
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE 3RD AND 4TH RESPONDENTS ALONG WITH
ITS RECEIPTS
