Kerala High Court
Ayyappan vs District Collector, Ernakulam on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 4171 OF 2018
PETITIONER/S:
1 AYYAPPAN AGED 66 YEARS
S/O. ITTARA, SABARIPADATH HOUSE, WEST VENGOLA P.O,
ARACKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM
DISTRICT, PIN 683566
2 *ADDNL.P2
AMMINI AYYAPPAN ,AGED 67, W/O LATE AYYAPPAN,
SABARIPADATH HOUSE, WEST VENGOLA P.O,
ARACKAPADY VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN 683 556
3 ADDNL.P3
PREETHA C A AGED 48,D/O LATE AYYAPPAN,
SABARIPADATH HOUSE,
WEST VENGOLA P.O, ARACKAPADY VILLAGE,
KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN 683 556
[*ADDNL.P2 AND P3 ARE IMPLEADED AS PER ORDER DATED
07-06-2024 IN IA 1/2024 IN WP(C) 4171/2018]
BY ADV SRI.P.SHAIJAN JOSEPH
RESPONDENT/S:
1 DISTRICT COLLECTOR, ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD P.O, KOCHI PIN 682 030
2 THE GEOLOGIST, DISTRICT OFFICE,
DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
KAKKANADU P.O, KOCHI 682 030
3 THE SENIOR ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, ERNAKULAM PIN 682 020
W.P.(C) No.4171 of 2018 2
4 REVENUE DIVISIONAL OFFICER MUVATTUPUZHA P.O,
ERNAKULAM DISTRICT PIN 686 673
5 SUPERINTENDENT OF POLICE (RURAL) ALUVA,
ERNAKULAM DISTRICT PIN 683101
6 VAZHAKKULAM GRAMA PANCHAYAT MARAMPILLY P.O,
PERUMBAVOOR,PIN 683107
REPRESENTED BY ITS SECRETARY
7 VENGOLA GRAMA PANCHAYAT VENGOLA P.O,
PERUMBAVOOR,PIN 683554
REPRESENTED BY ITS SECRETARY
8 U.S KUNUMUHAMMAD S/O. SEETHI ARACKAPPADY
MUNDETH HOUSE, THEKKE EZHIPRAM,
SOUTH VAZHAKKULAM P.O, ALUVA PIN 683105
9 BASHEER @ RAMI BASHEER S/O. AALI,
THANISSERY HOUSE, WEST VENGOLA P.O,
NEAR KOLLIMUGAL ANGANVADY PIN 683556
BY ADVS. P.A.MOHAMMED SHAH
SRI.K.I.ABDUL RASHEED
SRI.S.RENJITH
SRI.BINOY DAVIS, G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.4171 of 2018 3
EASWARAN S. , J.
-------------------------
W.P. (C) No.4171 of 2018
-----------------------------------
Dated this the 20th day of June 2024
JUDGMENT
The present writ petition is filed seeking the following
reliefs:
(i). To issue a Writ of Certiorari or any other Writ or
Order to call all documents and records leading to Exhibit
P20 and to quash the same.
(ii) To issue a Writ of Mandamus or any other Writ, Order
or Direction directing respondents 1 to 6 to take
immediate actions to stop the construction and
functioning of the metal crusher unit or sand production
(M-Sand) unit or any other hazardous industrial unit in
property comprised in Survey No.435/1-6 of
Vazhakkulam village that situates on the western side of
petitioner's residential property.
2. When the writ petition was taken up for consideration,
the learned counsel appearing for the petitioners pointed out that
the petitioners had filed an interlocutory application bearing I.A.
No. 2 of 2024 for accepting Exts. P23 to P27 on record and to
show that the consent to operate the crusher unit had been
revoked by the Kerala State Pollution Control Board on
24.4.2018.
3. I have perused I.A. No.2 of 2024. Additional documents
are accepted.
4. On the other hand, the learned counsel appearing for
respondents 8 and 9 submitted that his clients have stopped the
functioning of the said crusher unit, they have sold the property,
and, therefore, they have no further subsisting interest in the
present writ petition.
In that view of the matter, the writ petition is closed
recording the above submission of the learned counsel appearing
for respondents 8 and 9. However, liberty is reserved to the
petitioners to agitate the cause if they are really aggrieved by
any such activities carried on in the property by raising
grievances in appropriate proceedings.
Sd/-
EASWARAN S.
NS JUDGE
APPENDIX OF WP(C) 4171/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 28-2-2013
SUBMITTED TO 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 5-4-2013
SUBMITTED TO 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 8-3-13 SUBMITTED
TO 3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 21-3-2013
SUBMITTED TO 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 18-3-13 SUBMITTED
TO 5TH RESPONDENT
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 1-3-13 SUBMITTED
TO 6TH RESPONDENT
EXHIBIT P7 TRUE COPY OF INTERIM ORDER OF THIS HON'BLE COURT IN
WP(C) NO. 10117/2013 DATED 9-4-2013
EXHIBIT P8 TRUE COPY OF PROHIBITORY ORDER DATED 19-06-2013
ISSUED BY 4TH RESPONDENT
EXHIBIT P9 TRUE COPY OF COMMON JUDGMENT DATED 17-09-2014 OF
THIS HON'BLE COURT IN WP(C) NO.10117/2013 AND WP(C)
EXHIBIT P10 TRUE COPY OF LICENSE DATED 23-3-2015 ISSUED BY
VAZHAKKULAM GRAMA PANCHAYAT
EXHIBIT P11 TRUE COPY OF NO OBJECTION CERTIFICATES DATED 31-1-
2015 ISSUED BY ASSISTANT DIVISIONAL OFFICER FIRE
AND RESCUE SERVICES ERNAKULAM IN RESPECT OF
PROPERTY SITUATED IN SY.NO.435/2 OF VAZHAKKULAM
VILLAGE
EXHIBIT P12 TRUE COPY OF NO OBJECTION CERTIFICATES DATED 18-3-
2015 ISSUED BY ASSISTANT DIVISIONAL OFFICER FIRE
AND RESCUE SERVICES ERNAKULAM IN RESPECT OF
PROPERTY SITUATED IN SY.NO.435/2 OF VAZHAKKULAM
VILLAGE
EXHIBIT P13 TRUE COPY OF DEALERS LICENSE DATED 17-12-2014 THAT
EXPIRED ON 31-3-2015 ISSUED BY 2ND RESPONDENT
GEOLOGIST
EXHIBIT P14 TRUE COPY OF CERTIFICATE DATED 18-3-2015 ISSUED BY
DISTRICT MEDICAL OFFICER(HEALTH) ERNAKULAM IN
RESPECT OF PROPERTY SITUATED IN SY.NO. 435/2 OF
VAZHAKKULA VILLAGE
EXHIBIT P15 TRUE COPY OF CONSENT TO OPERATE-RENEWAL DATED
18-10-12 ISSUED BY 3RD RESPONDENT, KERALA STATE
POLLUTION CONTROL BOARD.
EXHIBIT P16 TRUE COPY OF STATEMENT DATED 23-5-2015 SUBMITTED BY
PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT P17 TRUE COPY OF COMPLAINT DATED 18-1-2018 SUBMITTED BY
THE PETITIONER TO CIRCLE INSPECTOR OF POLICE,
PERUMBAVOOR
EXHIBIT P18 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER
TO DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR
EXHIBIT P19 TRUE COPY OF APPLICATION DATED 23-1-2018 SUBMITTED
BY THE PETITIONER TO THE 4TH RESPONDENT
EXHIBIT P20 TRUE COPY OF ORDER DATED 18-06-2015 PASSED BY 4TH
RESPONDENT
EXHIBIT P21 TRUE COPY OF REPLY DATED 10-06-2015 ISSUED BY 3RD
RESPONDENT TO THE PETITIONER
EXHIBIT P22 TRUE COPY APPLICATION DATED 14-5-2015 SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P23 TRUE COPY OF COMPLAINT DATED 19-2-2018 SUBMITTED BY
THE 1ST PETITIONER TO THE 1ST RESPONDENT
Exhibit P24 TRUE COPY OF REPORT DATED 28-3-2018 SUBMITTED BY
THE 4TH RESPONDENT TO THE 1ST RESPONDENT
Exhibit TRUE COPY OF COMPLAINT DATED 10-4-2018 SUBMITTED BY
P25. THE 1ST PETITIONER TO POLLUTION CONTROL BOARD
OFFICER, PERUMBAVOOR
Exhibit P26 TRUE COPY OF NOTICE OF INTENTION OF CONSENT
REVOCATION DATED 10-4-2018 ISSUED BY THE
ENVIRONMENTAL ENGINEER PERUMBAVOOR TO 9TH
RESPONDENT
Exhibit P27 TRUE COPY OF CONSENT REVOKE ORDER DATED 24-4-2018
ISSUED BY THE ENVIRONMENTAL ENGINEER PERUMBAVOOR TO
9TH RESPONDENT
