Kerala High Court
C.R.Rajasekharan vs State Of Kerala on 28 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 8112 OF 2017
PETITIONER/S:
C.R.RAJASEKHARAN
AGED 40 YEARS, S/O RAMAKRISHNAN, CHARUVUKALAYIL HOUSE,
KURAVANKUZHI P.O. PULLAD, TIRUVALLA PATHANAMTHITTA DIST,
PIN- 689 541
BY ADV SRI.N.N.SASI
RESPONDENTS:
1 STATE OF KERALA
REP. BY REVENUE SECRETARYSECRETARIAT BUILDING,
TRIVANDRUM- 695 001
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA DIST., PATHANAMTHITTA- 689 645
3 THE TAHSILDAR
TIRUVALLA, TIRUVALLA P.O.PATHANAMTHITTA DIST- 689 101
4 K.M.MATHEW SAJI
AGED 52 YEARS, KUZHUVAMANNIL
HOUSE,KURAVANKUZHIP.O.PULLADTIRUVALLA, PATHANAMTHITTA
DIST- 689 541
5 THE VILLAGE OFFICER
KOIPPURAM VILLAGE, PULLAD P.O., TIRUVALLA , PATHANAMTHITTA
DIST-689 548
6 THE SUB COLLECTORRDO
TIRUVALLA, TIRUVALLA P.O., PATHANAMTHITTA DIST- 689 101
7 THE OFFICER-IN-CHARGE
POLLUTION CONTROL BOARD, PATHANAMTHITTA P.O.,
PATHANAMTHITTA DIST- 689 645
8 THE GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, PATHANAMTHITTA P.O.,
PATHANAMTHITTA DIST.- 689 648
9 THE SUB IBNSPECTOR OF POLICE
KOIPPURAM POLICE STATION, PULLAD P.O. TIRUVALLA,
WP(C) NO.8112 OF 2017
2
PATHANAMTHITTA DIST- 689 548
10 THE SECRETARYA, KOIPPURAM GRAMA
PANCHAYATHKOIPPURAM , PULLAD P.O.TIRUVALLA,
PATHANAMTHITTA DIST- 689 548
BY ADVS.
SRI.M.R.VENUGOPAL
SRI.B.V.JOY SANKER - R4
SMT.DHANYA P.ASHOKAN
SRI.THAMPAN THOMAS
SRI.B.S.SYAMANTAK, GP
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.8112 OF 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.8112 of 2017
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Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a writ of Mandamus or any other writ or
order or direction to the 4th respondent to stop
forthwith the quarry operation conducted by him in
Re-Sy. No.62/8 of Koippuram Village and nearby
Govt. Purampoke land till the undertaking made in
Ext.P3 judgment of this Hon'ble Court is complied
with and Environmental Clearance (E.C) is obtained
from various authorities as per law.
ii) Issue a Writ of Certiorari or any ether writ order
or direction to the 10th Respondent, Secretary,
Grama Panchayat Koippuram to cancell the D & O
licence issued infavour of the 4th respondent for non
obtaining the Environmental Clearance (E.C) as
WP(C) NO.8112 OF 2017
undertaken in Exht. P3 Judgment of this Hon'ble
Court.
iii). Issue a direction to Respondent numbers Two,
five and six to consider forthwith the representations
pending before them and take suitable legal action
against the 4th Respondent for the illegal quarrying.
iv). Issue a direction to the 4th Respondent to pay
Rupees five lakhs to the Petitioner as compensation
for the loss and damages sustained to the
residential building and threat to life caused due to
illegal quarrying conducted.
v) Issue a direction to first and second Respondents
to assess and realise the loss and damages caused
to the Govt. revenue and Exchequer for the
unauthorised quarrying from the Govt. Purampoke
land in Sy.No.62/2,62/8 and nearby areas by the
4th Respondent of Koippuram Village,
vi) To pass such other order or direction this Hon'ble
Court deem fit in the interest of justice.
vii) Award the cost of the case to be realised from
the respondents." SIC
2. When this Writ Petition came up for
WP(C) NO.8112 OF 2017
consideration on 11.12.2018, this Court passed the
following order;
"The learned counsel for the party
respondent as well as the State Government seeks
time for filing counter. Post after vacation.
In the meanwhile, the official authority shall
ensure that the 4th respondent is functioning with
any quarrying operation after securing necessary
clearances from all respective statutory authorities.
I further make it clear that, if no clearances are
secured from the respective statutory authorities,
quarrying operation shall be stopped by the official
respondents"
3. In the light of the above order no further
direction is necessary in this case. If there is any
illegal activity from the 4th respondent, the
petitioner can bring to the notice of the competent
authority and the competent authority will do the
needful.
WP(C) NO.8112 OF 2017
With the above observation, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.8112 OF 2017
APPENDIX OF WP(C) 8112/2017
PETITIONER EXHIBITS
EXHIBITP1 TRUE COPY OF THE JUDGMENT IN WPC
NO.29250/8 DATED 29-10-08
EXHIBITP2 TRUE PHTOCOPY OF THE ORDER DATED 24-
12-08 OF THE DEPUTY COLLECTOR LR TO
THE RDO TIRUVALLA
EXHIBITP3 TRUE PHOTOCOPY OF THE JUDGMENT IN
WPC NO.23387/15 OF THIS COURT DATED
7-12-16
EXHIBIT P4 TRUE PHTOCOPY OF THE REPRESENTATION
DATED 23-2-17 TO THE DISTRICT
COLLECTOR BY THE PETITIONER AND
OTHERS
EXHIBIT P5 TRUE PHTOCOPY OF THE REPRESENTATION
DATED 7-3-17 TO THE 2ND RESPONDENT
BY THE PETITIONER
EXHIBIT P6 TRUE PHTOCOPY OF THE REPRESENTATON
DATED 24-2-17 TO THE VILLAGE OFFICER
KOIPPURAM BY THE PETITIONER AND
OTHERS
EXHIBIT P7 TRUE PHTOCOPY OF THE REPRESENTATION
DATED 6-3-17 TO THE SECRETARY
KOIPPURAM GRAMA PANCHAYAT BY THE
PETITIONER
EXHIBIT P8 TRUE PHTOCOPY OF THE QUARRY
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
