Kerala High Court
S.R.Relumraj vs Gems Grantie Company 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. 24343 OF 2016
PETITIONERS:
1 S.R.RELUMRAJ
AGED 40 YEARS
S/O C. SELVARAJ, AGED 40, MACHAKUNNU VEEDU,
ALATHOOR ANAVOOR PO, TRIVANDRUM.
2 SHIHABUDEEN N.
S/O NAJUMUDEEN THANGAL, AGED 51, NAZEERA MANZIL,
KANIYANKULAM.
BY ADV SRI.K.ANAND
RESPONDENTS:
1 GEMS GRANTIE COMPANY
REP. BY ITS MANAGING DIRECTOR, ASHA THAMPI,
PERINGADAVILLA PO, TRIVANDRUM.
PIN-695 018
2 GRAND FOUR COMPANY
REP. BY ITS DIRECTOR NOUSHAD, PERINGADAVILLA PO,
TRIVANDRUM.
PIN-695 018
3 THE DISTRICT COLLECTOR
COLLECTORATE TRIVANDRUM.
PIN-695 001
4 POLLUTION CONTROL BOARD
REPRESENTED BY ITS SECRETARY, POLLUTION CONTROL
BOARD OFFICE, TRIVANDRUM.
PIN-695 001
5 THE GEOLOGIST
OFFICE OF THE DISTRICT GEOLOGIST, COLLECTORATE,
TRIVANDURM.
PIN-695 001
6 THE DIRECTOR OF MINES SAFETY
BANGALORE,
PIN-560002.
WP(C) NO. 24343 OF 2016
2
7 THE THASILDAR
NEYYATTINKARA TALUK.
8 THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY KERALA
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, PETTA,
PO, TRIVANDRUM.
9 THE DISTRICT POLICE CHIEF
COLLECTORATE PO, TRIVANDRUM.
10 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GOVERNMENT
INDUSTRIES DEPARTMENT, SECRETARIATE, TRIVANDRUM.
BY ADVS.
SRI.K.NIRMALAN
SRI.A.RAJASIMHAN
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 24343 OF 2016
3
P.V. KUNHIKRISHNAN, J.
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W.P.(C).No.24343 of 2016
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Dated this the 28th day of June, 2024
JUDGMENT
The above Writ Petition is filed with
following prayers:
(i) " Issue a writ of mandamus or any other
direction or order commanding the respondents
prohibiting a quarrying work.
ii) Issue a writ of mandamus or removal of rocks
from Pandavanpara by respondents 1 and 2 or
by any other persons.
(iii) Issue a writ of certiorari or any other writ
direction or order commanding the respondents
not to cancel any quarrying permit to
respondents 1 and 2 or any other person.
(iv) Declare that, as Pandavanpra is a
Government protected monument or memorial
removal of rocks or quarrying work therein is
perse illegal.
(v) Grant such other relief as this Hon'ble Court
may deem fit and proper in the circumstances of
the case."
[SIC]
2. The main prayer in this Writ Petition is to issue
direction to respondents to prohibit quarrying work. This
WP(C) NO. 24343 OF 2016
Writ Petition is pending before this Court from 2016
onwards. No interim order is passed by this Court in this
case. If there is any surviving grievance to the petitioner,
petitioner is free to approach the competent authority
and the competent authority will do the needful in
accordance with law.
Therefore, the above Writ Petition is disposed of.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
SSG
WP(C) NO. 24343 OF 2016
APPENDIX OF WP(C) 24343/2016
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE RESPONDENTS DATED
2.7.2016.
EXHIBIT P2 TRUE COPY OF THE MATHRUBHUMI PAPER REPORT
DATED 2.7.2016.
