Kerala High Court
Biju vs The State Of Kerala on 24 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
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 27733 OF 2016
PETITIONERS:
1 BIJU
AGED 36 YEARS
S/O.KUNHAMBU, 145 (1/148), PUTHUSSERRY
KARATHUMCHAL, SREEKANDAPURAM, KARAYATHUCHAL,
KANNUR DISTRICT.
2 RATHEESH
S/O.MATHEW, 3/371, KARIMUNDAKKAL, KARAYATHUMCHAL,
CHEMPANTHOTTY P.O., KANNUR DISTRICT.
BY ADVS.
SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
(REVENUE DEPARTMENT), GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001.
2 THE DISTRICT COLLECTOR
KANNUR TOWN, KANNUR DISTRICT, PIN: 670 002.
3 THE KERALA STATE POLLUTION CONTROL BOARD
RABCO BUILDING, KANNUR,
REPRESENTED BY ITS CHIEF ENGINEER, PIN: 670 002.
4 THE MINING AND GEOLOGY DEPARTMENT
CIVIL STATION, KANNUR, REPRESENTED BY ITS
GEOLOGIST, PIN: 670 002.
5 SREEKANDAPURAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
SREEKANDAPURAM, KANNUR DISTRICT, PIN: 670 631.
6 THE SUPERINTENDENT OF POLICE
CIVIL STATION, KANNUR DISTRICT, PIN: 670 631.
7 KRISHNAN T.V.
S/O.KRISHNAN MANIYANI, THAZHATHU VEETTIL,
KOLASSERY P.O., THALIPARAMBU TALUK,
KANNUR 670 601.
WP(C).No.27733/2016
2
8 GILSON JOSEPH
VELLIYATHIL VEEDU, PULIKURUMBA P.O., NADUVIL,
KANNUR 670 601.
BY ADVS.
GOVERNMENT PLEADER SRI.RIYAL DEVASSY
SRI. T.NAVEEN SC, KERALA PCB
SRI.K.N.ABHILASH
SRI.M.A.AHAMMAD SAHEER
SRI.BABU THOMAS PAZHAYATHOTTATHIL
SRI.PROMY KAPRAKKATT
SRI.SUNIL NAIR PALAKKAT
SRI.SUCHITRA VARMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.27733/2016
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.27733 of 2016
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Dated this the 24th day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of Mandamus or other appropriate
writ order or direction, commanding the
respondents' No. 2 to 6 to take necessary legal
action to stop the functioning of Quarry in
Resurvey No.28 of Nediyanga village by the 7 th
and 8th respondents.
ii. Issue a writ of Mandamus or other appropriate
writ, order or direction commanding the
respondents No. 2 to 6 to dispose off Exhibit P1
complaint, within a time specified by this Hon'ble
court by allowing it.
iii. Issue of such other writ, order or direction as may
be necessary, in the facts and circumstances of
the case.
(SIC)
2. When this writ petition came up for consideration
on 30.08.2016, this Court passed the following order :
"The quarrying operation conducted by
respondents 7 and 8, if without any environmental
clearance and without any licence, shall be stopped
forthwith."
3. Today, the Government Pleader submitted that
respondents 7 and 8 already stopped the quarrying work. If
that be the case, nothing survives in this case.
Recording the submission of the Government Pleader,
this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 27733/2016
PETITIONER EXHIBITS
EXT.P1 A TRUE COPY OF THE COMPLAINT, FILED BY
THE PETITIONERS, BEFORE THE OFFICIAL
RESPONDENTS, DATED 5/7/2016
