Kerala High Court
K.V Moideen Koya vs Union Of India on 10 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 29298 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(C) NO. 29298 OF 2016
PETITIONER/S:
K.V MOIDEEN KOYA
AGED 52 YEARS
MANAGING PARTNER, NEW PANNIPPARA BRICKSAND METALS,
PANNIPPARA, MALAPPURAM DISTRICT,PIN - 676 541
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SMT.V.A.HARITHA
SMT.MARY RESHMA GEORGE
SMT.P.M.MAZNA MANSOOR
SRI.SOORAJ T.ELENJICKAL
SMT.SANDHYA R.NAIR
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF
ENVIRONMENT,FOREST & CLIMATIC CHANGE,GOVERNMENT OF
INDIA,NEW DELHI - 110 003.
2 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
KERALA, PALLIMUKKU, PETTAH,THIRUVANANTHAPURAM - 695
024,REPRESENTED BY ITS CHAIRMAN.
3 STATE OF KERALA
REPRESNETED BY PRINCIPAL SECRETARY,ENVIRONMENT
DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
4 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,MALAPPURAM DISTRICT
WP(C) NO. 29298 OF 2016 2
- 686 002.
5 EDAVANNA PANCHAYATH
EDAVANNA P.O., MALAPPURAM DISTRICT-676541.
6 P.K.SHAHEER BABU
S/O ABDULLA, PALAPPETTA KARIMBANACKAL HOUSE,
PERAYAMANNA VILLAGE, ERNADU TALUK, MALAPPURAM
DISTRICT.
BY ADVS.
SMT.MINI GOPINATH, CGC
SMT.MINI GOPINATH CGC
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29298 OF 2016 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 29298 of 2016
--------------------------------------
Dated this the 10th day of June, 2024
JUDGMENT
The counsel for the petitioner want to withdraw this writ
petition with liberty to agitate, if there is any fresh cause of
action.
The liberty is granted and the writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 29298/2016
PETITIONER EXHIBITS
P1 THE TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE DIVISIONAL FOREST
OFFICER, NILAMBUR NORTH DIVISION, DATED
02.6.2015.
P2 THE TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY ASSISTANT DIVISIONAL
OFFICER, FIRE AND RESCUE SERICES,
MALAPPURAM DATED 15.6.2013.
P3 THE TRUE COPY OF THE SANITARY CERTIFICATE
ISSUED BY THE HEALTH INSPECTOR DATED
26.4.2016.
P4 THE TRUE COPY OF THE LICENSE ISSUED BY THE
DEPARTMENT OF FACTORIES AND BOILERS DATED
09.3.2016.
P5 THE TRUE COPY OF THE INTERGRATED CONSENT TO
OPERATE (RENEWAL) DATED 09.2.2016 FOR THE
QYARRY.
P6 THE TRUE COPY FO THE CONSENT VARIATION
OFRDER ISSUED BY THE ENVIRONMENTAL ENGINEER
FOR THE QUARRY DATED 30.6.2016.
P7 THE TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE (RENEWAL) FOR THE CRUSHER UNIT
DATED 18.7.2016.
P8 THE TRUE COPY OF THE DEALER'S LICENSE
ISSUED TO THE PETITIOENR'S CRUSHER DATED
20.4.2016.
P9 THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE COMMERCIAL TAX
OFFICER DATED 13.5.2016.
P10 THE TRUE COPY OF THE LICENSE IN FORM LE-3
DATED 15.1.2013.
P11 THE TRUE COPY OF THE LICENSE ISSUED FRO USE
OF EXPLOSIVES FROM THE MAGAZINE DATED
06.2.2014.
P12 THE TRUE COPY OF THE MINING MATE
CERTIFICATE OF COMPETENCY ISSUED TO
SRI.M.KARUNAKARAN DATED 29.7.2013.
P13 THE TRUE COPY OF THE LICENSE ISSUED BY THE
6TH RESPONDENT DATED 01.4.2016.
P14 THE TRUE COPY OF THE QYARRYING PERMIT
ISSUED BY THE 4TH RESPONDENT DATED
10.7.2015.
P15 THE TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE IN WPC NO. 22932/2016.
P16 THE TRUE COPY OF THE NOTIFICATION ISSUED BY
THE 1ST RESPONDENT DATED 14.9.2006.
P17 TRHE TRUE COPY OF THE NOTIFICATION DATED
09.9.2013 ISSUED BY THE 1ST RESPONDENT.
P18 THE TRUE COPY OF THE OFFICE MEMORANDUM
ISSUED BY THE 1ST RESPONDENT DATED
24.12.2013.
P19 THE TRUE COPY OF THE NOTIFICATION DATED
15.1.2016.
P20 THE TRUE COPY OF THE ORDER ISSUED BY THE
GEOLOGIST APPROVING THE MINING PLAN DATED
01.1.2016.
P21 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 4TH RESPONDENT DATED 06.1.2016.
P22 THE TRUE COPY OF THE RECEIPT SHOWING THE
ACKNOWLEDGEMENT OF PETITIONER'S APPLICATION
FOR ENVIRONMENTAL CLEARANCE DATED
25.1.2016.
P23 THE TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER FOR EXTENSION OF QYARRY
PERMIT DATED 10.6.2016.
