Kerala High Court
P.T.Thomas vs Kadaplamattom Grama Panchayath on 7 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 33075 OF 2014
PETITIONER/S:
1 P.T.THOMAS
AGED 69 YEARS
S/O.THOMAS, PURAYIDATHIL HOUSE, ATHIRAMPUZHA P.O,
KOTTAYAM - 686 562.
BY ADVS.
SRI.REJI GEORGE
SRI.UMESH.N.PAI
RESPONDENT/S:
KADAPLAMATTOM GRAMA PANCHAYATH, KADAPLAMATTOM P.O,
KOTTAYAM - 686 571 REPRESENTED BY ITS SECRETARY
BY ADVS.
SRI.K.C.CHARLES
SRI.M.POLY MATHAI
SMT.A.T.RENJU
SRI.VIMAL K.CHARLES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
07.06.2024, ALONG WITH WP(C).31188/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 31188 OF 2014 and conctd. Case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 31188 OF 2014
PETITIONER/S:
KADAPLAMATOM GRAMA PANCHAYAT
AGED 53 YEARS
KADAPLAMATTOM P.O., KOTTAYAM DISTRICT-686 571,
REPRESENTED BY THE SECRETARY SURESH BABU P.., S/O.
PARAMESWARAN NAIR, ANDOOR HOUSE, PANAMATTOM P.O.,
ELAMGULAM VILLAGE, KANJIRAPPILLY TALUK, KOTTAYAM.
BY ADVS.
SRI.K.C.CHARLES
SRI.M.POLY MATHAI
SMT.A.T.RENJU
SRI.VIMAL K.CHARLES
RESPONDENT/S:
1 P.T. THOMAS, S/O.THOMAS
AGED 69 YEARS
PURAYIDATHIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM.
2 M.T.MANI
AGED 75 YEARS
S/O.ULAHANNAN, MUNDUVAKAL HOUSE, KADAPLAMATTOM PO.,
KOTTAYAM DISTRICT.
BY ADVS.
SRI.REJI GEORGE
SRI.V.HARISH
SRI.RAJEEV.P.NAIR
SRI.RAJAN VISHNURAJ
SRI.G.SUDHEER THURAVOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
07.06.2024, ALONG WITH WP(C).33075/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31188 OF 2014 and conctd. Case
3
JUDGMENT
Amit Rawal, J.
Learned counsel for the petitioners submitted that the
matter has become infructuous. Accordingly, these writ
petitions are dismissed as infructuous.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 31188 OF 2014 and conctd. Case
APPENDIX OF WP(C) 31188/2014
PETITIONER EXHIBITS
P1 : COPY OF THE APPLICATION FOR LICENCE
FOR 2013-2014 DTD.6.3.2014.
P1(A) : COPY OF THE APPLICATION FOR
LICENCE FOR 2014-2015 DTD.22.3.2014.
P2 : COPY OF THE LETTER FROM THE MINE
SAFETY DEPARTMENT DTD.29.1.14 ISSUED BY
THE DIRECTOR GENERAL OF MINE SAFETY,
SOUTHERN ZONE, BENGALURU REGION,
BENGALURU.
P3 : COPY OF THE REPORT SUBMITTED BY THE
SECRETARY BEFORE THE GRAMA PANCHAYAT.
P4 : COPY OF THE RESOLUTION IV(1) PASSED
BY THE PETITIONER, GRAMA PANCHAYATH
DTD.26.3.2014.
P5 : COPY OF THE MEMORANDUM OF APPEAL
NO.587/2014.
P6 : COPY OF THE ORDER PASSED BY THE
PETITIONER, REJECTING EXT.P1 AND P1(A).
P7 : COPY OF THE JUDGMENT OF THE TRIBUNAL
FOR LOCAL SELF GOVERNMENT DTD.18.10.2014.
P8 : COPY OF THE JUDGMENT OF THE GREEN
TRIBUNAL IN WPC NO.14671/2012.
P9 : COPY OF THE VILLAGE OFFICER'S RPORT
REFERRED TO IN THE EXT.P4 RESOLUTION
PASSED BY THE PETITIONER GRAMA PANCHAYAT.
P10 : COPY OF LETTER DTD.29.6.2014 FROM
THE DEPARTMENT OF ENVIRONMENT, GOVERNMENT
OF KERALA TO THE PETITIONER.
WP(C) NO. 31188 OF 2014 and conctd. Case
APPENDIX OF WP(C) 33075/2014
PETITIONER EXHIBITS
EXHIBIT P1: A TRUE COPY OF THE AGREEMENT OF
LEASE DATED 14.02.2007 EXECUTED BETWEEN THE
PETITIONER AND THE GOVERNMENT OF KERALA.
EXHIBIT P2: A TRUE COPY OF THE ORDER NO.A3-
1019/13 DATED 11.04.2013 ISSUED BY THE
RESPONDENT.
EXHIBIT P3: A TRUE COPY OF THE LETTER
NO.1307/DOY/ML/2012 DATED 28.09.2012 ISSUED
BY THE SENIOR GEOLOGIST, KOTTAYAM TO THE
PETITIONER.
EXHIBIT P4: A TRUE COPY OF LETTER THE
NO.SZ/BGR/RECTIFICATION/92 DATED 29.01.2014
ISSUED BY THE DIRECTOR OF MINES SAFETY,
SOUTHERN ZONES, BANGALORE TO THE
PETITIONER.
EXHIBIT P5: A TRUE COPY OF THE RESOLUTION
NO.IV(1) PASSED BY THE KADAPLAMATTOM GRAMA
PANCHAYAT COMMITTEE ON 26.03.2014 .
EXHIBIT P6: A TRUE COPY OF THE ORDER NO.A4-
688/14 DATED 27.03.2014 ISSUED BY THE
RESPONDENT.
EXHIBIT P7: A TRUE COPY OF THE ORDER
NO.A4/929/2014 DATED 21.04.2014 ISSUED BY
THE RESPONDENT TO THE PETITIONER.
EXHIBIT P9: A TRUE COPY OF THE LETTER DATED
08.04.2014 SUBMITTED BY THE PETITIONER,
REQUESTING THE RESPONDENT PANCHAYAT TO
REVIEW ITS DECISION AND ISSUE D&O LICENCE.
EXHIBIT P10: TRUE COPY OF THE MEMORANDUM OF
APPEAL FILED BEFORE THE TRIBUNAL FOR LOCAL
SELF GOVERNMENT INSTITUTIONS AT
THIRUVANANTHAPURAM BY THE PETITIONER.
WP(C) NO. 31188 OF 2014 and conctd. Case
EXHIBIT P11: A TRUE COPY OF THE WRITTEN
STATEMENT FILED BY THE RESPONDENT IN APPEAL
NO.587/2014.
EXHIBIT P12: TRUE COPY OF THE ORDER DATED
18.10.2014 PASSED BY THE TRIBUNAL FOR LOCAL
SELF GOVERNMENT INSTITUTIONS AT
THIRUVANANTHAPURAM IN APPEAL NO.587/2014.
EXHIBIT P13: TRUE COPY OF THE QUARRYING
PERMIT
NO.102/GBS/CRPS/2013-'14/591/DOY/2014 DATED
05.03.2014 ISSUED BY THE DEPARTMENT OF
MINING AND GEOLOGY.
