Kerala High Court
Pulinkara Poura Samithi 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. 15321 OF 2016
PETITIONER:
PULINKARA POURA SAMITHI
A REGISTERED SOCIETY BEARING NO. TSR/TC/180/2015,
PULINKARA DESOM, KUTTICHIRA, REPRESENTED BY ITS
SECRETARY PRINCE, AGED 35, S/O.JOSPEH K P,
KUTTIKADAN HOUSE, KUTTICHIRA P.O., PULINKARA
DESOM, THRISSUR DISTRICT - 680724
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, AYYANTHOLE, THRISSUR - 680001,
3 THE REVENUE DIVISIONAL OFFICER
COLLECTORATE, AYYANTHOLE, THRISSUR - 680001
4 THE TALUK TAHSILDAR, CHALAKUDY TALUK OFFICE,
THRISSUR DISTRICT - 680001
5 THE VILLAGE OFFICER, KUTTICHIRA VILLAGE OFFICE,
THRISSUR DISTRICT - 680001
6 THE DIRECTOR OF MINING AND GEOLOGY
THIRUVANANTHAPURAM 695001
7 THE DISTRICT GEOLOGIST
OFFICE OF THE DISTRICT GEOLOGIST, THRISSUR 680001
8 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, THRISSUR - 680001
9 THE EXECUTIVE OFFICER
RUBBER BOARD, ERNAKIULAM - 680001
10 THE PAINADATH GRANITES P LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, SHIBU P
JOH, PAINADATH ESTATE, PULINKARA, KUTTICHIRA PO,
THRISSUR DISTRICT - 680724
W.P.(C) No.15321 of 2016
2
11 SHIBU T JOHN
C/O.PAINADATH GRANITES (P) LTD., PAINADATH
ESTATE, PULINKARA, KUTTICHIRA PO, THRISSUR
DISTRICT - 680724
12 SMITHA SHIBU
W/O.SHIBU, C/O. PAINADATH GRANITES (P) LTD.,
PAINADATH ESTATE, PULINKARA, KUTTICHIRA PO,
THRISSUR DISTRICT - 680724
13 GEORGE CHITTILAPPILLY
C/O. PAINADATH GRANITES (P) LTD., PAINADATH
ESTATE, PULINKARA, KUTTICHIRA PO, THRISSUR
DISTRICT - 680724
14 THE KODASSERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, THRISSUR
DISTRICT - 680721
BY ADVS.
SRI.BINESH.K.N.
SRI.V.ABRAHAM MARKOS - R9
SRI.ABRAHAM JOSEPH MARKOS
SRI.GOVIND VIJAYAKUMARAN NAIR
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SRI.T.KRISHNANUNNI SR.
SRI.K.C.KIRAN - R10 TO R13
SMT.MEENA.A.
SRI.NOBY THOMAS CYRIAC
SMT.I.SHEELA DEVI - R14
SRI.SAJU.S.A
SRI.VINAY MATHEW JOSEPH
SRI.T.NAVEEN, SC
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15321 of 2016
3
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 15321 of 2016
------------------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) Issue a Writ of Mandamus or any other
appropriate writ order or direction commanding the
respondents 2 to 4 to see that no alterations of the lie
and nature of the property as referred to in Ext P11 is
permitted at the instance of the respondents 10 to
13, including any attempt to convert the rubber
plantation to anything else, to make it feasible for any
quarrying operations and of the like manner, in the
interest of justice.
ii) Issue a Writ of Mandamus or any other
appropriate writ order or direction commanding the
6th respondent to make an enquiry and to take action
as against the 7th respondent as concerning Exts P3 to
P5, within stipulated time limits in the interest of
justice.
iii) To issue a Writ of Mandamus or any other
appropriate, writ order or direction commanding the
9th respondent to enquire as to whether any rubber
plantation is getting converted on the strength of Exts
P3 to P5 or of the like manner, in the interest of
justice.
AND
iv) To pass any such or further orders as the
petitioner may seek and this Hon'ble Court deem fit to
grant."[SIC]
2. The main prayer in this Writ petition is to issue
a direction to the respondents to see that no alterations
on the lie and nature of the property as referred to in
Ext.P11 is permitted at the instance of the respondents
10 to 13, including any attempt to convert the rubber
plantation to anything else.
3. Heard the learned counsel appearing for the
petitioner, the learned counsel appearing for
respondent No.9, the learned counsel appearing for
respondents 10 to 13, the learned counsel appearing
for respondent No.14, the learned counsel appearing
for the Panchayath and the learned Government
Pleader.
4. The counsel appearing for respondents 10 to
13 submitted that there is no illegal conversion of land
as stated, and there is no quarrying operation. It is
also submitted that the company is not functioning and
there is no license. If that be the case, nothing
survives in this case.
Therefore, this Writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 15321/2016
PETITIONER EXHIBITS
P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION AND ACKNOLEDGEMENT DATED
21.10.2015
P2 A TRUE COPY OF THE PHOTOGRAPHS
PRODUCED BY THE PETITIONER DATED NIL
P3 A TRUE COPY OF THE PERMISSION GRANTED
BY THE 7TH RESPONDENT DATED
29.09.2014
P4 A TRUE COPY OF THE PERMIT GRANITED BY
THE 7TH RESPONDENT DATED 06.07.2015
P5 A TRUE COPY OF THE PERMIT GRANITED BY
THE 7TH RESPONDENT DATED 01.09.2015
P6 A TRUE COPY OF THE COMMUNICATION OF
THE FIFTH RESPONDENT WITH SKETCHES
DATED 19.10.2015
P7 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE THIRD
RESPONDENT DATED 18.03.2016
P8 A TRUE COPY OF THE RECEIPT ISSUED BY
THE SECOND RESPONDENT DATED
22.09.2015
P9 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE FOURTH
RESPONDENT DATED 09.12.2015
P10 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 7TH
RESPONDENT DATED 09.12.2015
P11 A TRUE COPY OF THE DECISION OF THE
14TH RESPONDENT DATED 07.10.2014 WITH
OFFICE NOTES
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
