Mohammed Nana Salim vs Dennis Sebastian
2024 Latest Caselaw 12885 Ker

Kerala High Court

Mohammed Nana Salim vs Dennis Sebastian on 22 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
          Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                             WA NO. 680 OF 2024
     AGAINST JUDGMENT DATED 19.04.2024 IN WP(C) 4655/2024 OF THIS COURT
APPELLANT(S)/RESPONDENT NO 3:

     MOHAMMED NANA SALIM AGED 32 YEARS THUNDILPUTHENVEEDU HOUSE,
     BHARATHEEYAPURAM P.O, ANCHAL, KOLLAM, PIN - 691312

BY ADV.M/S.JOBI JOSE KONDODY

RESPONDENT(S)/PETITIONER/RESPONDENTS 1 & 2:

  1. DENNIS SEBASTIAN S/O. DEVASSIA, KUTTIYANKAL HOUSE, VALAVOOR P.O,
     KOTTAYAM DISTRICT, PIN ., PIN - 686635
  2. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, KOTTAYAM P.O.,
     KOTTAYAM DISTRICT, PIN - 686002
  3. THE KAROOR GRAMAPANCHAYATH REP. BY ITS SECRETARY, KAROOR P.O
     KOTTAYAM DISTRICT, PIN - 686575

BY GOVERNMENT PLEADER FOR R2.

ADV.SUNIL CYRIAC, STANDING COUNSEL FOR R3

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 19.04.2024 in WP(C) No.
4655/2024, pending disposal of the Writ Appeal.
     This Writ Appeal coming on for orders along with connected case on
22/05/2024 upon perusing the appeal memorandum, the court on the same day
passed the following:
                                A.J.DESAI, C.J.
                                      &
                                 V.G.ARUN, J.
                      =========================
                        W.A. Nos. 680 & 681 of 2024
                      =========================
                     Dated this the 22nd day of May, 2024

                                      ORDER

A.J.DESAI, C.J.

Having heard the learned Advocates appearing for the

respective parties, we pass the following order:-

The respondent authority shall constitute a committee of

experts in the subject to study the effect of blasting while carrying out

the quarrying work. The committee shall, in the presence of the

petitioner as well as the respondents in whose favour the quarrying

permit is granted, visit the site, prepare a report, and a definite

finding shall be recorded whether further blasting would damage the

tanks in question or not.

Post on 11.06.2024.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE uu

22-05-2024 /True Copy/ Assistant Registrar