Sibi Devassy vs Executive Engineer
2024 Latest Caselaw 18726 Ker

Citation : 2024 Latest Caselaw 18726 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Sibi Devassy vs Executive Engineer on 28 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
     FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                      WP(C) NO. 28815 OF 2018
PETITIONER:

             SIBI DEVASSY
             S/O. DEVASSY, AGED 38 YEARS, DASSRY, ILLITHODU,
             MALAYATTOOR P.O., MALAYATTOOR VILLAGE,
             ALUVA TALUK, ERNAKULAM DISTRICT.
RESPONDENTS:

     1     EXECUTIVE ENGINEER
           IRRIGATION DEPARTMENT, ANGAMALY,
           ERNAKULAM DISTRICT - 683572, PIN - 683572
     2     EXECUTIVE ENGINEER,
           IRRIGATION DEPARTMENT, ANGAMALY,
           ERNAKULAM DISTRICT- 683572
     3     THE DISTRICT COLLECTOR,
           ERNAKULAM, ERNAKULAM DISTRICT- 682030.
     4     DISTRICT POLICE CHIEF,
           ERNAKULAM (RURAL), ALUVA,
           ERNAKULAM DISTRICT, PIN- 683101.
     5     ASHIK ALI,
           AGED 35 YEARS
           S/O.ALI, ANDETH HOUSE, KALADI P.O.,
           ERNAKULAM DISTRICT-683574.
           BY ADVS.
           SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

OTHER PRESENT:

             SRI.RIYAL DEVASSY, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.28815/2018

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.28815 of 2018
             ----------------------------------------------
            Dated this the 28th day of June, 2024


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other writ, order or direction to the respondents one to four to stop the illegal operation of quarry of fifth respondent violating the judgment of this honourable court in W.P (C) No: 23565 of 2017 by which the position is made clear that as per sub section 2 of section 40 of the Kerala Irrigation and water Conservation Act, no quarrying operation shall be permitted within 1 KM radius from water tank, canal etc. ii. Declare that the fifth respondent has no right to operate the quarry within the prohibited distance from the water tank and canal.

iii. Such other writ, direction or order, which deems fit and proper in the interest of justice and the circumstances of the case.

(SIC)

2. The main prayer in this writ petition is against the

alleged illegal operation of quarry by the 5 th respondent. This

writ petition is pending before this Court from 2018 onwards.

3. If there is any surviving grievance to the petitioner,

he can approach the competent authority with appropriate

representation and if such a representation is received, the

competent authority will consider the same with notice to the

petitioner and the 5th respondent.

With the above observation, this writ petition is disposed

of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 28815/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOGRAPHS OF THE DAMAGES AND CRACKS CAUSED TO THE WATER TANK, AQUEDUCT AND CANAL DUE TO ILLEGAL FUNCTIONING OF QUARRY OF FIFTH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 01.11.2017 IN W.P.(C)NO.23565 OF 2017.

EXHIBIT P3 TRUE COPY OF THE GOOGLE MAP SHOWING THE DISTANCE FROM THE QUARRY OF FIFTH RESPONDENT AND WATER TANK.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITH COPY OF THE SECOND RESPONDENT DATED 23.02.2018.

EXHIBIT P5        TRUE COPY OF THE APPLICATION SUBMITTED
                  BY   THE    FIFTH     RESPONDENT    DATED
                  28.02.2018    BEFORE     THE    EXECUTIVE
                  ENGINEER, ALUVA.
EXHIBIT P6        TRUE   COPY   OF    THE    REPORT   DATED
                  21.04.2016      SUBMITTED      BY     THE

TAHASILDAR, ALUVA BEFORE THE THIRD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 18.04.2016 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY TO THE DISTRICT GEOLOGIST, ERNAKULAM.

EXHIBIT P8 TRUE PHOTOGRAPHS OF BOARD FILED BY THE FIRST RESPONDENT ON THE SIDE OF THE ROAD REGARDING THE SAME.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE INFORMATION OFFICER, EDAMALAYAR IRRIGATION PROJECT TO ONE MR.THOMAS UNDER RIGHT TO INFORMATION ACT STATING THAT NO OBJECTION CERTIFICATE HAS NOT BEEN GRANTED TO TRANSPORT GRANITE AGGREGATES IN HEAVY VEHICLE THROUGH THE CANAL ROAD DATED 22.06.2018.

RESPONDENT'S EXHIBITS:

EXHIBIT-R5 (A). A PHOTOSTAT COPY OF THE QUARRYING PERMIT ISSUED BY THE DISTRICT GEOLOGIST, ERNAKULAM TO THE 5TH RESPONDENT

EXHIBIT-R5 (B). A PHOTOSTAT COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 5TH RESPONDENT

EXHIBIT-R5 (C). A PHOTOSTAT COPY OF THE PANCHAYAT LICENSE ISSUED BY THE MALAYATTOOR-NEELESWARAM GRAMA PANCHAYAT TO THE 5TH RESPONDENT

EXHIBIT-R5 (D). A PHOTOSTAT COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE 5TH RESPONDENT

EXHIBIT-R5 (E). A PHOTOSTAT COPY OF THE MANAGER'S CERTIFICATE TO THE MANAGER OF MY QUARRY ISSUED BY THE DIRECTORATE GENERAL OF MINE SAFETY

EXHIBIT-R5 (F). A PHOTOSTAT COPY OF THE PERMISSION TO USE EXPLOSIVES ISSUED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,ERNAKULAM TO THE 5TH RESPONDENT

EXHIBIT-R5 (G). A PHOTOSTAT COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI TO THE 5TH RESPONDENT

EXHIBIT-R5 (H). A PHOTOSTAT COPY OF THE ENVIRONMENTAL CLEARANCE NO.88/2016 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY TO THE 5TH RESPONDENT EXHIBIT-R5 (I). A PHOTOSTAT COPY OF THE LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, ANGAMALI TO THE SECRETARY MALAYATTOOR-

NEELESWARAM GRAMAPANCHAYAT

EXHIBIT-R5 (J). A PHOTOSTAT COPY OF THE REPORT SUBMITTED BY THE GEOLOGIST TO THE 3RD RESPONDENT

EXHIBIT-R5 (K). A PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY MALAYATTOOR-NEELESWARAM GRAMA PANCHAYAT

EXHIBIT-R5 (I). A PHOTOSTAT COPY OF THE APPLICATION FOR PERMISSION TO THE EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY, ALUVA SUBMITTED BY THE 5TH RESPONDENT

EXHIBIT-R5 (M). A PHOTOSTAT COPY OF THE REPORT ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY, ANGAMALI TO THE EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY, ALUVA

EXHIBIT-R5 (N). A PHOTOSTAT COPY OF THE REPORT ISSUED BY THE TAHSILDAR ALUVA TO THE DISTRICT COLLECTOR, ERNAKULAM

EXHIBIT-R5 (O). A PHOTOSTAT COPY OF THE REPORT ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER OF KERALA WATER AUTHORITY, ANGAMALI TO THE GEOLOGIST, ERNAKULAM

EXHIBIT-R5 (P). A PHOTOSTAT COPY OF THE APPLICATION FOR PERMISSION TO THE 1ST RESPONDENT SUBMITTED BY THE 5TH RESPONDENT

EXHIBIT-R5 (Q). A PHOTOSTAT COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT