Kerala High Court
Sajil Satheek vs The District Collector, Kollam on 11 June, 2024
WP(C) No.13382/2024 1/4 Order Date : 11-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 11th day of June 2024 / 21st Jyaishta, 1946
WP(C) NO. 13382 OF 2024
PETITIONER:
SAJIL SATHEEK, AGED 39 YEARS,S/O. SATHEEK, AKKAVILA HOUSE, SREE
SARAVANA NAGAR 200, ERAVIPURAM P.O, KOLLAM, PIN - 691011.
RESPONDENT:
THE DISTRICT COLLECTOR, KOLLAM CIVIL STATION, KOLLAM, PIN - 691013
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondent to provisionally enlarge the period for
production of copy of environmental clearance as per condition No. 1 in
Exhibit P1 for a further period as prayed for in Exhibit P7 and P8, during
pendency of this Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's Order dated
02.04.2024 and upon hearing the arguments of M/S.ALEX.M.SCARIA, SARITHA
THOMAS & SAHL ABDUL KADER, Advocates for the petitioner and of GOVERNMENT
PLEADER for the respondent, the court passed the following:
WP(C) No.13382/2024 2/4 Order Date : 11-06-2024
C.JAYACHANDRAN, J.
------------------------------------
W.P.(C) Nos.11697, 12469 & 13382 of 2024
------------------------------------
Dated, this the 11th June, 2024
O R D E R
This Court by order dated 26.03.2024, directed the
respondent/Collector to consider and pass orders
in Ext.P22 within a period of two months from the
date of the order. The said period expired on
26.05.2024. The order was not complied with. Nor
was any application filed seeking extension of
time.
2. Today, when the matter is taken up for
consideration, learned Government Pleader handed
over a letter issued by the respondent/District
Collector to the Advocate General, seeking more
time to comply with Ext.P22, a copy of which is
marked as Court Ext.X1 in W.P.(C)No.12469/2024.
WP(C) No.13382/2024 3/4 Order Date : 11-06-2024
W.P.(C)Nos.11697, 12469 & 13382 of 2024
- 2 -
3. The stand adopted by the respondent/Collector
cannot be appreciated by any yardstick. The reason
stated for extension of time is also not
convincing. If there was any stumbling block for
the District Collector in considering and passing
orders in Ext.P22, the same could have been
disposed of stating such reason, provided the same
is legally recognizable. Having not done so, this
Court is of the opinion that, the conduct of the
respondent/District Collector amounts to contempt,
prima facie.
For considering further action, post on 24.06.2024.
Sd/-
C.JAYACHANDRAN
JUDGE
TR
WP(C) No.13382/2024 4/4 Order Date : 11-06-2024
APPENDIX OF WP(C) 13382/2024
Exhibit P1 TRUE COPY OF THE NOC DATED 24/01/2020 BEARING NO.
DCKLM/11175/2019/L12 ISSUED BY THE RESPONDENT.
Exhibit P2 THE SURVEY PLAN IN LAND COMPRISED IN RE-SURVEY NO.
217/12, 217/22, 217/29, 222/19, 217/20, 217/21 OF BLOCK
42 OF CHADAYAMANGALAM VILLAGE OF KOTTARAKKARA TALUK.
Exhibit P3 TRUE COPY OF THE ORDER DATED 21/07/2020 IN O.A. NO.
304/2019, THE PRINCIPAL BENCH OF NGT, NEW DELHI.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 18/10/2021 SUBMITTED
BY THE PETITIONER BEFORE THE DISTRICT GEOLOGIST,
KOLLAM.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 23/03/2022 BEARING
NO. DCKLM.11175/2019/L12 ISSUED BY THE RESPONDENT.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 17/03/2023 BEARING
NO. DCKLM.11175/2019/L12 BY THE RESPONDENT.
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 05/01/2024 SUBMITTED
BY THE PETITIONER TO THE RESPONDENT.
Exhibit P8 TRUE COPY OF THE APPLICATION DATED 24/02/2024 SO
SUBMITTED BY THE PETITIONER.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO. 5449 OF 2020 DATED
11/03/2020 PASSED BY THIS HON'BLE COURT.
