Kerala High Court
Annie vs State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 26873 OF 2017
PETITIONER:
ANNIE
AGED 58 YEARS, W/O. LATE PAUL, THAKKAMANGALAM HOUSE,
KARICODE, MULANTHURUTHY, PIN-682 314
BY ADV SRI. IEANS.C.CHAMAKKALA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARI,LOCAL SELF
GOVERNMENT DEPARTMENT, GOVT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 004
2 MULANTHURUTHY GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, MULANTHURUTHY PO.,
ERNAKULAM DISTRICT, PIN-682 314
3 THE VILLAGE OFFICER
MULANTHURUTHY VILLAGE OFFICE, MULANTHURUTHY,
ERNAKULAM DISTRICT, PIN-682 314
4 THE GEOLOGIST
DISTRICT OFFICE OF MINING AND GEOLOGY,
ERNAKULAM, PIN-682 030
5 THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
REP BY ITS SECRETARY, DIRECTORATE OF ENVIRONMENT AND
CLIMATE, PALLIMUKU, PETTA PO.,
THIRUVANANTHAPURAMPIN-692 024
6 THE TAHASILDAR
KANAYYANNUR TALUK, ERNAKULAM, PIN-682 011
7 ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, ARAKKUNNAM, PIN-682 313
WP(C) NO. 26873 OF 2017
2
BY ADVS.
SRI. RIYAL DEVASSY, GP
SRI. P.MARTIN JOSE - R2
SRI. P.PRIJITH
SRI. S.SREEKUMAR (SR)
SRI. THOMAS P. KURUVILLA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26873 OF 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.26873 of 2017
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Issue a writ of mandamus or other appropriate
writ, order or direction commanding respondents to
permit petitioner to remove the soil immediately in
the southern boundary of petitioner's property which
may be tumbled down to the main road at any time,
without obtaining Environmental Clearence from 5th
respondent.
(ii) Issue such other writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case." SIC
2. When this writ petition came up for
consideration on 14.08.2017, this Court passed the
WP(C) NO. 26873 OF 2017
following order:
"Admit.
Government Pleader takes notice for R1, R3,
R4, R5, R6 and R7. Issue notice to R2.
The 4th respondent along with respondents 3
and 7 shall inspect the site and permit removal of
the earth under their supervision so as to comply
with Ext.P5 order."
3. Heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the
2nd respondent Panchayat.
4. After hearing both sides, I think, this writ
petition need not be retained here. Recording the
order dated 14.08.2017, this writ petition can be
disposed of.
Accordingly, this Writ Petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 26873 OF 2017
APPENDIX OF WP(C) 26873/2017
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPYOF THE NEWS ITEM PUBLISHED
MANGLAM DAILY NEWS PAPER DATED
10.7.2017
EXHIBIT P2: TRUE COPIES OF THE PHOTOGRAPHS
SHOWING THE PETITIONERS PROPERTY
WHICH IS LYING IN DANGEROUS POSITION
EXHIBIT P3: THE TRUE COPY OF THE LETTER ISSUE
DBY THE 2ND RESPONDENT TO THE 3RD
RESPONDENT DATED 28.6.2017
EXHIBIT P4: THE TRUE COPY OF THE REPORT ISSUED
BY THE 3RD RESPONDENT TO THE OFFICE
OF 6TH RESPONDENT DATED 28.6.2017
EXHIBIT P5: THE TRUE COPY OF THELETTER ISSUED BY
THE 6TH RESPONDENT TO THE 4TH
RESPONDENT DATED 12.7.2017
EXHIBIT P6: THE TRUE COPY OF THE REPORT ISSUED
BY THE 4TH RESPONDENT TO THE
DISTRICT COLLECTOR, ERNAKULAM DATED
24.7.2017
EXHIBIT P7: THE TRUE COPY OF THE NO-OBJECTION
CERTIFICATE ISSUED BY THE 7TH
RESPONDENT TO THE PETITIONER DATED
27.7.2017
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
