Moideen Koya V.P vs Union Of India
2024 Latest Caselaw 18982 Ker

Kerala High Court

Moideen Koya V.P vs Union Of India 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. 15588 OF 2018
PETITIONER:

         MOIDEEN KOYA V.P
         AGED 59 YEARS
         S/O. HASSAN, AGED 589 YEARS, SHAD MAHAL,
         MARAKKAMPOYIL,KARAPARAMBA.P.O., KOZHIKODE
         DISTRICT, PIN-673 010.
         BY ADVS.
         SRI.BABU JOSEPH KURUVATHAZHA
         SRI.N.SHAMSUL HUDA


RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED BY ITS SECRETARY, MINISTRY OF
         ENVIRONMENT, FOREST & CLIMATE CHANGE, PARIYAVARAN
         BHAVAN,CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.
    2    STATE OF KERLA
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,MINING
         GEOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001
    3    DIRECTOR OF MINING
         DIRECTORATE OF MINING AND GEOLOGY,KESAVADASAPURAM,
         PATTOM PALACE.P.O.,THIRUVANANTHAPURAM-695 004.
    4    CHAIRMAN DISTRICT ENVIRONMENT IMPACT ASSESSMENT
         AUTHORITYDEIAA
         PALAKKAD (DISTRICT COLLECTOR, CIVIL
         STATION,PALAKKAD, PIN-678 001).
    5    KERALA STATE BIODIVERSITY BOARD
         L-14, JAI NAGAR, MEDICAL COLLEGE.P.O.,
         THIRUVANANTHAPURAM-695011, REPRESENTED BY ITS
         MEMBER SECRETARY.
    6    GEOLOGIST MINING AND GEOLOGY DEPARTMENT
         TOWN BUS STAND COMPLEX, PALAKKAD,PIN-678 014.
 WP(C) NO. 15588 OF 2018

                                        2

       7          VILLAGE OFFICER AGALI VILLAGE
                  AGALI.P.O., MANNARKKAD-VIA, PALAKKAD DISTRICT,
                  PIN-678 581.
                  BY ADVS.
                  SRI.T.V.VINU, CGC


OTHER PRESENT:

                  SRI.S.KANNAN, SR.GP


THIS       WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD    ON
28.06.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED      THE
FOLLOWING:
 WP(C) NO. 15588 OF 2018

                                3

                  P.V. KUNHIKRISHNAN, J.
           -----------------------------------
                W.P.(C).No.15588 of 2018
           -----------------------------------

          Dated this the 28th day of June, 2024

                           JUDGMENT

The above writ petition is filed with following

prayers:

(i) "issue a writ of certiorari or any other appropriate writ, order or direction, quashing the operation and all further proceedings in pursuance to Ext.P6;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 6th respondent to issue the letter of intent, in pursuance to Ext.P4 application, to the petitioner, forthwith

(iii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 6th respondent to consider and dispose of Ext.P11 representation, forthwith:

(iv) issue such other writ, order or direction which may deem fit in the facts and circumstances of the case."

[SIC]

2. After going through the prayer, I think

this Writ Petition need not be retained and it seems WP(C) NO. 15588 OF 2018

that the prayers are infructuous. Ext.P6 is an order

dated 20.04.2008, rejecting the application for

quarrying permit. If there is any fresh cause of

action, the same is left open.

With the above observation, this Writ Petition

is disposed of.

Sd/-

P.V. KUNHIKRISHNAN JUDGE

SSG WP(C) NO. 15588 OF 2018

APPENDIX OF WP(C) 15588/2018

PETITIONER'S EXHIBITS EXHIBIT P-1 TRUE COPY OF THE POSSESSION CERTIFICATES DATED 30-12-2017 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P-2 TRUE COPY OF THE PROCEEDING NO. 5099/17 DATED 20-01-2018 OF THE 7TH RESPONDENT, ADDRESSED TO THE 6TH RESPONDENT. EXT.P3. TRUE COPY OF THE PROCEEDING DATED 13-3-2018 OF THE 7TH RESPONDENT, ADDRESSED TO 6TH RESPONDENT. EXT.P4. TRUE COPY OF THE APPLICATION DATED 14-3-2018 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P5. TRUE COPY OF THE CHALAN RECEIPT DATED 14- 3-2018, EVIDENCING THE REMITTANCE OF RS. 1000/- BY THE PETITIONER.

EXT.P6. TRUE COPY OF THE PROCEEDING DATED 20-04- 2018 OF THE 6TH RESPONDENT. EXT.P7. TRUE COPY OF THE PROCEEDING DATED 6-4- 2018 OF THE 3RD RESPONDENT, FORWARDED TO THE 6TH RESPONDENT.

EXT.P8. TRUE COPY OF THE JUDGMENT DATED 4-1-2018 IN W.A. NO. 1946/2016 OF THIS HON'BLE COURT.

EXT.P9. TRUE COPY OF THE JUDGMENT DATED 2-3-2016 IN W.P.(C) NO. 6040/2016 OF THIS HON'BLE COURT.

EXT.P10. TRUE COPY OF THE JUDGMENT DATED 20-02- 2018 IN W.P.(C) NO. 31959/2017 OF THIS HON'BLE COURT.

EXT.P11. TRUE TYPED COPY OF THE REPRESENTATION DATED 27-4-2018 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.