Kerala High Court
Thomas Mathew vs State Of Kerala on 28 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 15435 OF 2017 1
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. 15435 OF 2017
PETITIONER/S:
THOMAS MATHEW
PAINGOTTE HOUSE,PUNNATHARA,KOTTAYAM.
BY ADV SRI.A.K.HARIDAS
RESPONDENT/S:
1 STATE OF KERALA
REP. BY,SECRETARY TO THE GOVERNMENT,DEPARTMENT OF
REVENUE,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-
695001.
2 REVENUE DIVISIONAL OFFICER
KOTTAYAM REVENUE DIVISION,KOTTAYAM 686654
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,DISTRICT
OFFICE,KOTTAYAM-686654
4 WILSOM MATHEW
PANDARAMALIYIL HOUSE,KONGANDOOR P.O.,KOTTAYAM-
686564
BY ADVS.
SRI.P.M.ZIRAJ
OTHER PRESENT:
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:
WP(C) NO. 15435 OF 2017 2
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 15435 of 2017
--------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. To issue a writ of certiorari or any other appropriate
writ, order or direction quashing Ext.P3 order and
ii. To direct that on the basis of Ext.P1 judgment the 4th
respondent can't dig a new pond."[sic]
2. The main prayer in this writ petition is against
Ext.P3 order. When this writ petition came up for
consideration on 05.05.2017, this Court passed the following
order :
"Admit.
Learned Govt. Pleader takes notice for respondents 1 to 3.
issue notice to the 4th respondent by speed post.
There will be an interim direction to the 4 th respondent not
to dig any pond in the property in question.
Post on 25.05.2017.
Learned Govt. Pleader to get instructions in the meanwhile."
3. Ext.P1 is a judgment passed by this Court in
W.P.(C.) No. 11899/2016 in the same issue. It will be better
to extract Ext.P1 judgment.
"The petitioner submits that he has removed the ordinary
sand from the pond to increase its depth and the police and
revenue officials are interfering with the removal of
ordinary sand from the pond.
2. This Court is of the view that the petitioner is entitled
to remove the ordinary sand from the pond. If the petitioner
is carrying the activity of the renovation of the pond, police
and revenue officials shall not interfere in the matter.
Therefore the following directions are issued.
The police and revenue officials shall not interfere
with the matter, if the petitioner is only engaged in
widening or renovating the pond. The Geologist
shall issue necessary OA Forms to transport sand
after collecting royalty without insisting
environmental clearance or quarrying permit.
Writ petition is disposed of as above."
4. It is submitted that, Ext.P1 became final.
Thereafter, the interim order dated 05.05.2017 is passed.
Therefore, I am of the considered opinion that in the light of
Ext.P1 judgment and order dated 05.05.2017, no further
order is necessary.
Recording the order dated 05.05.2017, this writ petition
is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 15435/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF JUDGMENT OF THIS HON'BLE
COURT IN W.P.(C) 11899/2016 DATED
29.3.2016
EXHIBIT P2 THE PHOTOGRAPH OF THE LAND OWNED BY THE
4TH RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF ORDER OF 2ND RESPONDENT
DATED 23.3.2017.
