Kerala High Court
N.K. Rayees vs State Of Kerala on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 36107 OF 2018
PETITIONER/S:
N.K. RAYEES
AGED 32 YEARS
S/O ISMAIL V P K, "BAITHU RAHMA", ORIKKARA, KADACHIRA POST,
KANNUR DISTRICT, PIN 670621
BY ADV P.K.RAVISANKAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM -695001.
2 CHEMBILODE GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, MOVVANCHERI POST, KANNUR
DISTRICT, PIN - 670 613.
3 SECRETARY
CHEMBILODE GRAMA PANCHAYAT, MOVVANCHERI POST, KANNUR DISTRICT,
PIN - 670 613.
4 LOCAL LEVEL MONITORING COMMITTEE
CHEMBILODE, REPRESENTED BY ITS CONVERNOR/AGRICULTURAL OFFICER,
KRISHI BHAVAN, MOVVANCHERI POST, KANNUR DISTRICT,
PIN - 670 613.
5 DEPUTY DIRECTOR OF PANCHAYAT
KANNUR - 670 002.
6 DISTRICT COLLECTOR
COLLECTORATE ROAD, KANNUR, PIN - 670 002.
7 REVENUE DIVISIONAL OFFICER
THALASSERY - 670 101.
8 VILLAGE OFFICER
CHEMBILODE, MOVVANCHERI POST, KANNUR DISTRICT, PIN - 670 613.
9 SUB INSPECTOR OF POLICE
EDAKKAD POLICE STATION, EDAKKAD POST,
KANNUR DISTRICT - 670 662.
W.P.(C)NO.36107 of 2018
2
10 MALABAR INSTITUTE OF MEDICAL SCIENCES LIMITED
REPRESENTED BY ITS EXECUTIVE DIRECTOR, MINI BYPASS ROAD,
GOVINDAPURAM POST, KOZHIKODE, PIN - 673 016.
BY ADVS.
SRI.BRIJESH MOHAN
GOVERNMENT PLEADER
SRI.L.RAJESH NARAYAN
SRI.R.RAJPRADEEP
OTHER PRESENT:
SRI. BIMAL K NATH- SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.06.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.36107 of 2018
3
JUDGMENT
The learned counsel for the petitioner submitted that
the matter has become infructuous.
Accordingly, the writ petition is dismissed as
infructuous.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg
W.P.(C)NO.36107 of 2018
APPENDIX OF WP(C) 36107/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.282/2015-16 DATED
23/2/2016 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK
PUBLISHED UNDER THE KERALA CONSERVATION OF PADDY LAND
AND WETLAND ACT, 2008 PUBLISHED BY THE 3RD
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 20/5/2016 IN WP(C)
NO.13791 OF 2016 OF THIS HONOURABLE COURT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 30/8/2018 SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE NO.B4/58718 DATED 4/9/2018
ISSUED BY THE 3RD RESPONDENT TO THE 10TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 24/9/2018
SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.B1-6865/18 DATED 1/10/2018
ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.B1-5857/18 DATED 6/10/2018
ISSUED BY THE 3RD RESPONDENT TO THE 10TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER NO.B1-5857/18 DATED 6/10/2018
ISSUED BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER NO.B4-5857/18 DATED
11/10/2018 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 15/10/2018
SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE LETTER NO.B1-6865/18 DATED
17/10/2018 ISSUED BY THE 5TH RESPONDENT TO THE 3RD
RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE LETTER NO.A2-6936/18 DATED
23/10/2018 ISSUED BY THE 3RD RESPONDENT TO THE 10TH
RESPONDENT.
W.P.(C)NO.36107 of 2018
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 26/9/2018 IN WP(C)
NO.31467 OF 2018 OF THIS HONOURABLE COURT.
EXHIBIT P15 TRUE COPY OF THE LAWYER NOTICE DATED 8/9/2018 ISSUED
BY ADVOCATE T.P.HAREENDRAN TO THE 10TH RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE REPLY NO.MIMS/KNR/2018-19 DATED
1/10/2018 ISSUED BY THE 10TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P17 TRUE COPY OF THE REQUEST DATED 29/10/2018 SUBMITTED
BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE CIRCULAR NO.78877/R A1/2013 DATED
12/2/3014 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXTS
EXT.R2(a) COPY OF THE GAZETTE NOTIFICATION VIDE NO.A2-4900/16
DATED 25.7.2016
EXT.R2(b) COPY OF THE ORDER VIDE NO. DCKNR/4474/201 6-L5 DATED
25.06.2016 ISSUED BY THE 6TH RESPONDENT
EXT.R2(c) COPY OF THE LETTER VIDE NO.A2 LAC 5354, 5355, 5356
DATED 30.10.2018 ISSUED BY THE SPECIAL TAHSILDAR (LA)
TO THE 10TH RESPONDENT
EXT.R2(d) COPY OF THE ENVIRONMENTAL CLEARANCE LETTER DATED
15.06.2018 ISSUED BY THE DIRECTOR OF MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE TO THE 10TH
RESPONDENT
EXT.R2(e) COPY OF THE NO OBJECTION CERTIFICATE VIDE NO. E-
847/16 DATED 4.2.2010 ISSUED BY THE DIVISIONAL
OFFICER, FIRE & RESCUE SERVICES TO THE 10TH
RESPONDENT
EXT.R2(f) COPY OF THE ORDER VIDE NO. RDOTLY/1162/2018-K DATED
14.1.2019 ISSUED BY THE 7TH RESPONDENT TO THE 10TH
RESPONDENT
EXT.R2(g) COPY OF THE JUDGMENT DATED 29.11.2018 IN CONT. CASE
NO. 2274/2018 OF THIS HON'BLE COURT
EXT.R2(h) COPY OF THE ORDER NO. C- 160/19 DATED 21.1.2019
ISSUED BY THE DISTRICT TOWN PLANNER, KANNUR
EXT.R2(i) COPY OF THE CONSENT TO OPERATE/AUTHORISATION/
REGISTRATION VIDE NO. R15KAN1944294 DATED 7.1.2019
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD
EXT.R2(j) COPY OF THE CERTIFICATE OF APPROVAL VIDE NO. F2-
13013/2018 DATED 18.12.2018 ISSUED BY THE DEPARTMENT
OF FIRE & RESCUE SERVICES
W.P.(C)NO.36107 of 2018
EXHIBIT R4 A TRUE COPY OF THE LETTER DATED 26.11.2018
EXHIBIT R4 B TRUE COPY OF THE RELEVANT PORTION OF THE LLMC MINUTES
DATED 07.11.2018
