Kerala High Court
A.M.Sainudheen vs The Secretary To Government on 20 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 8420 OF 2018
PETITIONER:
A.M.SAINUDHEEN, AGED 57 YEARS, S/O. MOIDEEN,
ALAPPURATH HOUSE, PERIPARA, PEZHAKKAPPILLY P.O.,
MUVATTUPUZHA - 686 674.
BY ADVS.
SMT.ROSHNI MANUEL
SRI.ALBERT V.JOHN
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 THE ADDITIONAL CHIEF SECRETARY
WATER RESOURCES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4 THE DIRECTOR OF MINING AND GEOLOGY
THIRUVANANTHAPURAM - 695 001.
5 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT,
CIVIL STATION, KAKKANAD, COCHIN - 682 030.
6 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, COCHIN - 682 030.
7 THE EXECUTIVE ENGINEER
OFFICE OF PERIYAR VALLEY, IRRIGATION DIVISION NO.
2, THOTTAKKATTU KARA, ALUVA, PIN - 683 108.
8 THE EXECUTIVE ENGINEER, DVIB DIVISION NO. 1,
PERUMBAVOOR, ERNAKULAM - 683 542.
9 THE TAHSILDAR, TALUK OFFICE,
MUVATTUPUZHA, PIN - 686 674.
10 THE VILLAGE OFFICER
PAYIPRA VILLAGE, PAYIPRA - 686 661.
W.P(C).8420/2018
2
11 THE PAIYPRA GRAMA PANCHAYAT
PEZHAKKAPPILLY P.O., NEAR MUVATTUPUZHA - 686 661,
REPRESENTED BY ITS SECRETARY.
12 THE DIVISIONAL OFFICER
KERALA FIRE AND RESCUE SERVICES, KADAVANTHRA P.O.,
GANDHI NAGAR, ERNAKULAM - 682 020.
13 THE SUB INSPECTOR OF POLICE
MUVATTUPUZHA - 686 678.
14 A.H. SHARIFF, AGED 47 YEARS, ETTUKATTIL HOUSE,
S/O. HYDROSE, RESIDING AT ETTUKATTIL HOUSE,
EDATHALA NORTH P.O., ALUVA, PIN - 683 561.
BY ADVS.
GOVERNMENT PLEADER
SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).8420/2018
3
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.8420 of 2018
-------------------------------------------
Dated this the 20th day of June, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
i. Issue a writ of certiorari or other appropriate
writ. order quashing Ext-P13, P14 and P17 as illegal
and unjust.
ii. Issue a writ of mandamus or other appropriate
writ, order or direction commanding the respondents
to take necessary steps to collect royalty based on the
blasting operation already done illegally by the 14th
respondent and also reclaim the said land forthwith.
iii. Issue a writ of mandamus or other appropriate
writ order or direction commanding the respondents
to take necessary steps to stop the functioning of the
quarry by the 14th respondent in Survey No.
1087/1/A2/PT of Mulavoor Village, Muvattupuzha
Taluk
iv. Issue such other writ, order or direction as this
Hon'ble Court may deem fit and proper to grant the
facts and circumstances of the case.
[SIC]
W.P(C).8420/2018
2. This Writ Petition is pending before this Court from
2018 onwards. There is no interim order passed in this case. If
there is any surviving grievance to the petitioner, the petitioner is
free to approach the competent authority among the official
respondents with appropriate representation and if such
representation is received, the competent authority among the
official respondents will consider the same with notice to the
petitioner and the party respondents.
With the above observation, this Writ Petition is disposed of.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).8420/2018
APPENDIX OF WP(C) 8420/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.
4632/2014 OF THIS HON'BLE COURT DATED
27.08.2014.
EXHIBIT P2 A TRUE COPY OF THE LETTER NO. A7/2535/2013
ISSUED BY THE EXECUTIVE ENGINEER, PERIYAR
VALLEY PVIP DIVISION-2, ALUVA DATED
12.12.2013.
EXHIBIT P3 A TRUE COPY OF THE LETTER NO. A3/200/2014
ISSUED BY THE 7TH RESPONDENT DATED
01.04.2014.
EXHIBIT P4 THE TRUE COPY OF THE SAID COMMUNICATION
DATED 10.12.2013.
EXHIBIT P5 A TRUE COPY OF THE G.O.(P)NO. 59/15/TRAN
DATED 29.09.2015.
EXHIBIT P6 A TRUE COPY OF THE LETTER NO.
SC2/RTI/18/2011-12 P10 (SC2/1274 ISSUED BY
THE DIRECTOR OF MINES SAFETY DATED
08.06.2011.
EXHIBIT P7 A TRUE COPY OF THE STOP MEMO
D.O.E/4184/E2/14 ISSUED BY THE GEOLOGIST
DATED 17.09.2014.
EXHIBIT P8 A TRUE COPY OF THE ORDER NO. 216/14-15
DOE/4805/E2/2014 ISSUED BY THE GEOLOGIST
DATED 31.10.2014.
EXHIBIT P9 A TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR BEARING NO. M4/91017/2014 DATED
06.04.2016.
EXHIBIT P10 A TRUE COPY OF THE ORDER OF THE GOVERNMENT
DATED 06.05.2015.
EXHIBIT P11 A TRUE COPY OF THE STATEMENT FILED BY THE
EXECUTIVE ENGINEER, PVIP DIVISION NO. II,
ALUVA DATED 13.07.2016 WITH EXHIBITS IN
W.P.(C)NO. 14261/2016.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT W.P.(C)NO.
14261/2016 DATED 29.07.2016.
EXHIBIT P13 A TRUE COPY OF THE ORDER NO. A1/990/2017
ISSUED BY THE EXECUTIVE ENGINEER, PVIP
DIVISION-1, PERUMBAVOOR IN FAVOUR OF THE
PARTY RESPONDENT DATED 27.09.2017.
EXHIBIT P14 A TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR DATED 24.10.2017.
W.P(C).8420/2018
EXHIBIT P15 A TRUE COPY OF THE WRIT JUDGMENT IN
W.A.NO. 1608/2016 DATED 06.02.2018.
EXHIBIT P16 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE RESPONDENTS DATED
15.06.2017.
EXHIBIT P17 A TRUE COPY OF THE LETTER NO. A1/990/17
DATED 20.02.2018 ISSUED BY THE 7TH
RESPONDENT.
