Ashraf vs The Kizhakkambalam Grama Panchayath
2024 Latest Caselaw 15406 Ker

Kerala High Court

Ashraf vs The Kizhakkambalam Grama Panchayath 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. 18580 OF 2017
PETITIONER:

          MUHAMMED ANSAL
          AGED 25 YEARS
          S/O OF THE LATE SRI.ABDUL KARIM,
          VARAPOTHU HOUSE,KARUKULAMKARAYIL,
          PATTIMATTOM VILLAGE,VILANGU POST.
          BY ADVS.
          SMT.K.P.SANTHI
          SRI.RILGIN V.GEORGE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT,
          SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT COLLECTOR
          CIVIL STATION,KAKKANAD-682030.
    3     THE LOCAL LEVEL MONITORING COMMITTEE
          KRISHI BHAVAN,KIZHAKKAMBALAM-683562,
          REPRESENTED BY ITS CONVENER.
    4     THE KIZHAKKAMBALAM GRAMA PANCHAYAT
          REPRESENTED BY THE SECRETARY,KIZHAKKAMBALAM-683562.
          BY ADVS.
          SRI.THOMAS GEORGE, SC, KIZHAKKAMBALAM GRAMA
          PANCHAYAT
          SHRI.ABRAHAM P.MEACHINKARA, SC,
          KIZHAKKAMBALAM GRAMA PANCHAYAT

          SMT. K.B SONY- GP, SRI. ABRAHAM P. MEACHINKARA- SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, ALONG WITH WP(C).40884/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOs.18580/2017 & 40884/2016

                                     2




            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. 40884 OF 2016
   PETITIONER:

             ASHRAF
             AGED 45 YEARS
             S/O.MUHAMMED,
             POTHIYIL HOUSE,
             KARUKULAM,
             VILANGU P.O.,
             KIZHAKKAMBALAM,
             ERNAKULAM DISRICT -683 006
             BY ADVS.
             SRI.C.A.NAVAS
             SMT.E.G.AMBILY
             SRI.T.K.SASIKUMAR
             SRI.P.A.SHAJI SAMAD
             SRI.C.J.SOLOMAN


   RESPONDENTS:

       1     THE KIZHAKKAMBALAM GRAMA PANCHAYATH
             REPRESENTED BY THE SECRETARY,
             KIZHAKKAMBALAM,
             ERNAKULAM DISRICT.
       2     THE KERALA STATE POLLUTION CONTROL BOARD
             REPRESENTED BY THE ENVIRONMENTAL ENGINEER,
             REGIONAL OFFICE,
             PERUMBAVOOR - 683 010.
       3     THE DISTRICT COLLECTOR
             COLLECTORATE, KAKKANAD,
             ERNAKULAM DISRICT-683030.
       4     THE REVENUE DIVISIONAL OFFICER
             MUVATTUPUZHA, ERNAKULAM DISTRICT - 683016
       5     THE GEOLOGIST
             MINING & GEOLOGY DEPARTMENT,
             KAKKANAD, ERNAKULAM - 683 030
 WP(C) NOs.18580/2017 & 40884/2016

                                    3

       6      THE VILLAGE OFFICER
              PATTIMATTOM VILLAGE,
              ERNAKULAM DISTRICT - 683 030.
       7      MUHAMMED ANSAL PROPRIETOR
              ANSAL GRANITE PRODUCTS,
              KARUKULAM, VILANGU,
              KIZHAKKAMBALAM - 683 010.
              BY ADVS.
              SRI.THOMAS GEORGE, SC,
              KIZHAKKAMBALAM GRAMA PANCHAYAT
              SMT.K.P.SANTHI
              SHRI.ABRAHAM P.MEACHINKARA, SC, KIZHAKKAMBALAM
              GRAMA PANCHAYAT


           THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
   ADMISSION ON 05.06.2024, ALONG WITH WP(C).18580/2017,
   THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOs.18580/2017 & 40884/2016

                                    4


                            JUDGMENT

1. The learned counsel for the petitioner submits that both

writ petitions have become infructuous.

2. The learned counsel for the Panchayath also submitted

that both writ petitions have become infructuous.

3. Therefore, these writ petitions are dismissed as

infructuous.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NOs.18580/2017 & 40884/2016

APPENDIX OF WP(C) 40884/2016

PETITIONER EXHIBITS EXHIBIT P1 COPY OF PHOTOGRAPH SHOWING THE UNAUTHORISED FILLING OF PADDY LAND. EXHIBIT P2 COPY OF CLOSURE NOTICE NO.CB/DO-EKM/IOCR-100/R/2009 DATED 15.10.16.

EXHIBIT P3 COPY OF THE STOP MEMO NO.C5-1972 DATED 19.3.16.

EXHIBIT P4 COPY OF THE PHOTOGRAPH SHOWING THE UNAUTHORISED CONSTRUCTION. EXHIBIT P5 COPY OF COMMUNICATION NO.A3-5926/16 DATED 31.10.20169.

EXHIBIT P6 COPY OF PETITION DATED 19.11.16. EXHIBIT P7 PCOPY OF PETITION FILED BEFORE RDO DATED 26.11.16.

EXHIBIT P8 COPY OF PHOTOGRAPHS SHOWING THE UNAUTHORISED CONSTRUCTION. EXHIBIT P9 COPY OF INTIMATION NO.PCB/EKM DO2/RTI/GEN 9/2011 DATED 24.11.16. EXHIBIT P10 COPY OF STOP MEMO NO.CY 1172/16 DATED 2.12.16.

EXHIBIT P10[A] COPY OF EXHIBIT P10. EXHIBIT P11 COPY OF RELEVANT PAGE OF RESOLUTION DATED 7.12.16.

EXHIBIT P12 COPY OF PETITION DATED 17.12.16. WP(C) NOs.18580/2017 & 40884/2016

APPENDIX OF WP(C) 18580/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 8.2.1994 OF THE REVENUE DIVISIONAL OFFICER,MOOVATTUPUZHA. EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 16.8.2016 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 26.7.2016 ISSUED BY THE DISTRICT MEDICAL OFFICE(HEALTH) EXHIBIT P4 TRUE COPY OF THE OBJECTION CERTIFICATE DATED 26.10.2015 ISSUED BY THE FIRE RESCUE SERVICES EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 19.10.2015 ISSUED BY THE POLLUTION CONTROL BOARD EXHIBIT P6 TRUE COPY OF THE CERTIFICATED DATED 7.11.2016 ISSUED BY THE DISTRICT GEOLOGIST EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED 22.11.2016 OF THE REVENUE DIVISIONAL OFFICE,MOOVATTUPUZHA EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 2.3.2017 SUBMITTED TO THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE APPLICATION DATED 2- 3-2017 SUBMITTED TO THE 4TH RESPONDENT