Kerala High Court
Omana vs The State Of Kerala on 22 May, 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 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 4354 OF 2017
PETITIONERS:
1 OMANA
AGED 45 YEARS, W/O.DHAMODARAN, REENA NIVAS, THOLAAMBRA,
PURALIMALA, THALASSERY TALUK, KANNUR DISTRICT.
2 PANKAJAKSHI
AGED 52 YEARS, W/O.PRAKASAN, KUNNUMPARAMBATH,
THOALLAMBRA, PURALIMALA , THALASSERY TALUK,
KANNUR DISTRICT
BY ADVS.
SRI.K.R.SAJITH
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF MINING AND GEOLOGY
DIRECTORATE OF MINING AND GEOLOGY,
THIRUVANANTHAPURAM-695001.
3 THE GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
KANNUR, KANNUR DISTRICT, PIN-670001.
4 THE DISTRICT COLLECTOR
CIVIL STATION, KANNUR, KANNUR DISTRICT, PIN-670002.
5 ANEESH KUMAR
AGED 55 YEARS, S/O.MADHAVAN, MADHAVA NIVAS, VELLARVALLI P O,
THALASSERY TALUK, KANNUR DISTRICT, PIN-670101.
6 VINOD O T
AGED 39 YEARS, S/O.BALAKRISHNAN, THULASI NIVAS,
THALASSERY TALUK, KANNUR DISTRICT - 670101.
WP(C) NO. 4354 OF 2017
2
BY ADVS.
SRI. B.S. SYAMANTAK, GP
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SRI.NIAS MOOPAN
SRI.K.V.PAVITHRAN
SRI.P.SAJU
SRI.E.M.UNNIKRISHNAN MANJERI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 4354 OF 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.4354 of 2017
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Dated this the 22nd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Call for the records leading to Exhibit P4 and
quash the same by issuing a writ of certiorari or any
other appropriate writ;
ii) To issue of writ of mandamus or any other writ or
a direction to respondents 1 to 4 commanding them
to take appropriate steps to stop and to close down,
forthwith the entire mining activities done by the
respondent nos. 5 and 6 or any other persons in
their respective title hold lease hold lands,
specifically mentioned in Ext.P4.
iii) To issue a direction to the respondent nos. 1 to 4
to take all steps to undo the damages caused by the
respondent nos. 5 and 6 to the environment
including the filling up of the huge pits formed due
WP(C) NO. 4354 OF 2017
to illegal mining and damages caused to the
residential building and property of the petitioners
and to realize the respective costs from respondents
5 and 6.
iv) Direct the respondents 1 to 4 to take prosecution
against the respondents Nos. 5 and 6 for the
unauthorized and illegal mining operations.
v) To issue other order, writ order or direction as this
hon'ble court may deem fit in the facts and
circumstances of the case." SIC
2. When this writ petition came up for
consideration on 09.02.2017, this Court passed the
following order;
"Admit.
Government Pleader takes notice for R1 to R4.
Issue notice to R5 and R6.
The official respondent shall ensure that no
quarrying is carried on by R5 and R6 without
proper sanction and permits as also environmental
clearance."
3. Today, when the matter came up for
WP(C) NO. 4354 OF 2017
consideration, the learned counsel appearing for
respondent Nos.5 and 6 submitted that the quarries
are not functioning. If that be the case, nothing
survives in this case. Hence, this writ petition can be
closed.
Recording the above submission, this writ
petition is closed. If there is any fresh cause of
action to the petitioners, the same is left open.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 4354 OF 2017
APPENDIX OF WP(C) 4354/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPIES OF THE BASIC TAX
RECEIPTS DTD 10/1/2017 AND 6.2.2017
PETITIONERS FOR PROPERTY COMPRISED
IN R.SY.NO.1/1A THOLAMBRA VILLAGE.
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE
THE GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, KANNUR.
EXHIBIT P2(A) THE COPY OF THE ACKNOWLEDGEMENT
STATING THE APPLICATION WAS
FORWARDED TO THE 3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DTD
15/3/2016 IN WPC NO 9779/15 OF THE
HON'BLE COURT
EXHIBIT P4 THE TRUE COPY OF THE PERMIT DTD
4/4/2016 ISSUED BY THE GEOLOGIST/3RD
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THE
HON'BLE COURT IN JOSEPH MATHEW VS.
STATE OF KERALA, REPORTED IN
2016(3)KLT 102.
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
