K.M.Karim vs State Of Kerala
2024 Latest Caselaw 17260 Ker

Kerala High Court

K.M.Karim vs State Of Kerala 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
   MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                   WP(C) NO. 34555 OF 2017
PETITIONER:

          SIJO C.D
          AGED 32 YEARS, DRIVER, S/O. DEVASSYKUTTY,
          CHATHELY HOUSE,PULINKARA, KUTTICHIRA P.O,
          THRISSUR DISTRICT.
          BY ADVS.SRI.SANGEETH C. SUBRAMANIAN
          SRI.SUMODH MADHAVAN NAIR

RESPONDENTS:

    1     THE ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD,
          DISTRICT OFFICE,THRISSUR.
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, THRISSUR - 680 003.
    3     THE REVENUE DIVISIONAL OFFICER
          COLLECTORATE, THRISSUR - 680 003.
    4     THE TAHSILDAR CHALAKUDY TALUK
          CHALAKUDY P.O, THRISSUR.
    5     THE VILLAGE OFFICER, KUTTICHIRA VILLAGE
          KUTTICHIRA P.O, CHALAKUDY(VIA),
          THRISSUR - 680 724.
    6     THE SECRETARY KODASSERY GRAMA PANCHAYATH
          KODASSERY, CHETTIKULAM P.O CHALAKUDY (VIA),
          THRISSUR - 680 721.
    7     TALUK SURVEYOR
          TALUK OFFICE, CHALAKKUDY, PIN - 680 724.
    8     THE GEOLOGIST,
          MINING & GEOLOGY DEPARTMENT
          DISTRICT OFFICE, CHEMBUKKAVU, THRISSUR - 680 020.
    9     THE MANAGING PARTNER
          VILAMANA INDUSTRIES, KUTTICHIRA P.O,
          CHALAKUDY(VIA),THRISSUR - 680 724.
          BY ADVS.SRI. T.NAVEEN SC, KERALA STATE PCB
          SRI.V.M.KRISHNAKUMAR
          SRI.BINESH.K.N.
          SMT.I.SHEELA DEVI
          SRI.RIYAL DEVASSY, GP
 WP(C).No.34555/2017

                                 2




      THIS   WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   20.05.2024,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.34555/2017

                                       3




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.34555 of 2017
             ----------------------------------------------
            Dated this the 20th day of May, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Ext.P1 and issue a writ of certiorari and quash the same as it is illegal.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondent No. 7 to conduct a survey to assess the puramboke land situated in Sy.No. 2058 of Kuttichira village, and to intimate the same to the concerned authorities.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondent No. 2 to 5 to evict and recover the puramboke land illegally encroached by the 9 th respondent.

iv. Issue a writ of mandamus or any other appropriate writ or direction directing 6th respondent to cancel the licences and certificates issued by it to conduct the crusher unit in the puramboke land.

v. To pass any such or further orders as the

petitioner may seek and this Hon'ble Court deems fit to grant.

(SIC)

2. The main prayer in this writ petition is to stop the

functioning of a crusher and quarry unit. Ext.P2 is the

consent to operate issued by the Pollution Control Board. The

validity of Ext.P2 is already over on 30.06.2018. If that be the

case, no further orders are necessary in this case.

This writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 34555/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF CIRCULAR DATED 24.11.2009 BEARING NO.PCB/PAC/ST.CR.COM/65/2005. EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER GIVEN BY RESPONDENT NO.1 TO 8.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 22.08.2017 ISSUED TO THE RESPONDENTS BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.