P.S.Smitha vs The District Collector,Kollam
2024 Latest Caselaw 8975 Ker

Kerala High Court

P.S.Smitha vs The District Collector,Kollam on 27 March, 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
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                   WP(C) NO. 4366 OF 2018
PETITIONER:

          P.S.SMITHA
          W/O.PRAVEEN, AGED 38 YEARS, SAP NIVAS, KOLAYIL,
          ANAAD MURI, PERINGAMALA VILLAGE.
          BY ADV. SRI.N.PRASANNAN

RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          KOLLAM-691501.
    2     THE REVENUE DIVISIONAL OFFICER
          KOLLAM-691501.
    3     THE SUPERINTENDENT OF POLICE (RURAL)
          THIRUVANANTHAPURAM-695001.
    4     THE TAHSILDAR
          TALUK OFFICE, KOTTARAKKARA-691506.
    5     THE VILLAGE OFFICER
          CHITHARA VILLAGE, KOTTARAKKARA TALUK-691506.
    6     THE SECRETARY
          CHITHARA GRAMA PANCHAYAT, KOLLAM DISTRICT-691506.
    7     THE ENVIRONMENTAL ENGINEER
          KOLLAM-691501.
    8     THE GEOLOGIST
          KOLLAM-691501.
    9     SUNIL KUMAR
          AKSHAYA CRUSHERS, CHAKKAMALA, KOLLAYIL P.O.,
          KOLLAM-691506.
 W.P.(C) No.4366 of 2018

                           2


          BY ADVS.
          K.SIJU
          ENOCH DAVID SIMON JOEL - R9
          S.SREEDEV(K/1219/2006)
          RONY JOSE(K/705/2012)
          LEO LUKOSE(K/001131/2016)
          DERICK MATHAI SAJI(K/1901/2021)
          KAROL MATHEWS SEBASTIAN
          ALENCHERRY(K/126/2010)
          KARAN SCARIA ABRAHAM(K/003189/2023)
          SRI.B.S.SYAMANTAK, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.4366 of 2018

                                3




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 4366 of 2018
    ------------------------------------------------------
          Dated this the 27th day of March, 2024.


                          JUDGMENT

This writ petition is filed by the petitioner

seeking the following reliefs:

"i. Issue a writ of mandamus or any other appropriate writ, direction order, commanding the respondents 1 to 8 to take adequate steps to stop the crusher unit and quarrying activities of the 9th respondent conducted in the name "Akshaya Crushers" at Chakkamala, Kollayil.P.O, Kollam.

ii. Issue such other further reliefs as the necessary in the interest of justice."[SIC]

2. When this Writ petition came up for

consideration, the learned counsel appearing for the

9th respondent submitted that the quarry is not

functioning now. If that be the case, nothing

survives in this case. If the quarry resumes its

functioning, the petitioner's contentions based on

Ext.P5 is left open.

With the above observation, this Writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 4366/2018

PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF SALE DEED DATED 27/07/2006 EXECUTED IN FAVOUR OF THE PETITIONER.

EXHIBIT P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, CHITHARA DATED 29/03/2017.

EXHIBIT P3- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, CHITHARA DATED 04/05/2017.

EXHIBIT P4- TRUE COPY OF THE HEARING NOTICE ISSUED TO THE PETITIONER BY THE TAHSILDAR, KOTTARAKKARA DATED 04/05/2017.

EXHIBIT P5- TRUE COP OF THE ORDER DATED 26/07/2017 ISSUED BY THE TAHSILDAR, KOTTARAKKARA.

EXHIBIT P6- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, CHITHARA DATED 15/09/2017.

EXHIBIT P7- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER DATED 19/10/2017.

EXHIBIT P8- TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER FROM THE OFFICE OF THE CHITHARA GRAMA PANCHAYAT. RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE