Kerala High Court
Afzal, S/O.Hamza vs District Collector, Malappuram on 15 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 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 12852 OF 2015
PETITIONER:
AFZAL, S/O.HAMZA
KALAKANDAN HOUSE, AMINIKKAD P.O, PERINTHALMANNA,
MALAPURAM DISTRICT.
BY ADV SRI.K.MOHANAKANNAN
RESPONDENTS:
1 DISTRICT COLLECTOR, MALAPPURAM - 676 505.
2 TAHSILDAR, PERINTHALMANNA - 679 322.
3 THAZHEKODE GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, THAZHEKODE, MALAPPURAM
DISTRICT - 676 505.
4 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ENVIRONMENTAL ENGINEER, DISTRICT OFFICE,
MALAPPURAM - 676 505.
5 GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, MALAPPURAM
DISTRICT - 676 505.
6 REVENUE DIVISIONAL OFFICER
PERINTHALMANNA - 679 322.
7 SUB INSPECTOR OF POLICE
PERINTHALMANNA - 679 322.
8 ASSAINAR K.P
S/O.K.P.ABOOBACKER, KALATHUMPADIAN HOUSE, ANGADIPURAM,
MALAPPURAM DISTRICT - 679 321.
BY ADV.
SRI.MAHBOOB ARUVEETTIL
SRI B.S SYAMANTAK, GP
SRI.T.NAVEEN, SC
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. 12852 OF 2015
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 12852 of 2015
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Dated this the 15th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers:
"i. To issue a Writ of mandamus or any
other appropriate Writ or order or direction
directing the Respondents 1 to 7 to ensure that
no quarrying operations are conducted by 8 th
Respondent in Sy.No.26/6 of Thazhekode village
in Perinthalmanna Taluk in Malapuram District.
ii. To issue a Writ of mandamus or any
other appropriate Writ or order or direction
directing Respondents 1 to 7 not to issue any
licence/permit to 8th Respondent for conducting
quarrying operations in Sy. No.26/6 of
Thazekode village, Perinthalmanna Taluk in
Malapuram District.
iii. To issue a Writ of mandamus or any
other appropriate Writ or order or direction
directing Respondents 1 to 7 to take action
WP(C) NO. 12852 OF 2015
against the 8th Respondent for conducting illegal
mining operations in terms of the provision of
the Minor Mineral Concession Rules, Explosives
Act and I.P.C
iv. To grant such other and further reliefs
as are just, proper and necessary in the facts
and circumstances of the case."[SIC]
2. When this Writ petition came up for
consideration on 10.06.2015, this Court passed the
following order:
"It is submitted by the learned counsel for
the 8th respondent that the quarry is not
functioning and it is closed. It is also submitted in
the counter affidavit that the quarry does not
have a Panchayath license. In such circumstance,
if at all any operation is carried on, the petitioner
shall intimate the respondent authorities, who
shall immediately see that no operations are
carried on.
Post the Writ Petition for hearing."
In the light of the above order, nothing
survives in this case. Recording the above order,
WP(C) NO. 12852 OF 2015
this Writ petition can be closed.
Therefore, recording the order dated
10.06.2015, this Writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 12852 OF 2015
APPENDIX OF WP(C) 12852/2015
PETITIONER EXHIBITS
EXHIBIT P1. COPY OF THE
REPRESENTATION SUBMITTED BEFORE
THE 2ND RESPONDENT DATED 20.3.15.
EXHIBIT P2. COPY OF THE
ACKNOWLEDGMENT RECEIPT ISSUED BY
THE 2ND RESPONDENT DATED 20.3.15.
EXHIBIT P3. COPY OF THE
ACKNOWLEDGMENT RECEIPT ISSUED BY
THE 3RD RESPONDENT DATED 18.3.15.
EXHIBIT P4. COPY OF THE
ACKNOWLEDGMENT RECEIPT DATED
20.3.15 ISSUED BY THE 4TH
RESPONDENT THE KERALA STATE
POLLUTION CONTROL BOARD DISTRICT
OFFICE, MALAPPURAM.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
