Firoz Kummali vs State Of Kerala
2024 Latest Caselaw 14063 Ker

Kerala High Court

Firoz Kummali 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. 39103 OF 2016
PETITIONER:

            FIROZ KUMMALI
            AGED 38 YEARS
            S/O.MOHAMMED, KUMMALI HOUSE, AREACODE P.O.,
            MALAPPURAM DIST.
            BY ADV. SRI.P.K.MOHAMED JAMEEL

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETRY, DEPARTMENT OF
            INDUSTRIES, SECRETARIATE,
            THIRUVANANTHAPURAM - 695 001.
    2       THE DIRECTOR OF MINING AND GEOLOGY
            DIRECTORATE OF MINING AND GEOLOGY,
            KESAVADASAPURAM, PATTOM P.O.,
            THIRUVANANTHAPURAM - 695 001.
    3       THE GEOLOGIST
            DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
            MINI CIVIL STATION, MALAPPURAM - 676 121.
    4       THE DISTRICT COLLECTOR
            MALAPPURAM DISTRICT, CIVIL STATION,
            MALAPPURAM - 673 001.
    5       MIDHUN
            S/O.KUNHUMON, MANAGING DIRECTOR, VEZHEKKODE
            GRANITE (P) LTD., POOVATHIKKAL P.O., AREACODE,
            MALAPPURAM DISTRICT - 673 639.
            BY ADV. SRI.P.M.ZIRAJ - R5
            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.39103 of 2016

                                 2

                 P.V.KUNHIKRISHNAN, J.
         ---------------------------------------------
                W.P.(C) No. 39103 of 2016
     ------------------------------------------------------
            Dated this the 28th day of May, 2024


                           JUDGMENT

This writ petition is filed seeking the following

reliefs:

"(i) Declare that issuance of Exhibit P3 permit without environmental clearance as illegal.

(ii) Issue writ of certiorari or any other appropriate writ or direction quashing Exhibit P3 as illegal.

(iii) Issue writ of mandamus or any other appropriate writ or direction commanding the 3 rd respondent to ensure that no quarrying operations shall be conducted by the 5 th respondent in 9.72 Ares of land in Survey No. 160/1 of Urangattiri Village of Eranadu Taluk without obtaining environmental clearance.

(iv) Issue a writ of mandamus or any other appropriate writ or direction commanding the 2 nd respondent to initiate appropriate action against 3 rd respondent as per law.

(v) Pass such other writ or order or direction as this Hon'ble Court may deem fit and proper in the

circumstances of the case and in the interest of justice."[SIC]

2. When this Writ petition came up for

consideration on 08.12.2016, this Court passed the

following order:

"Admit. Govt. Pleader takes notice for R1 to R4. Issue notice to R5.

Respondents 1 to 4 shall ensure that no quarrying operations shall be conducted by the 5 th respondent without any permit and also environmental clearance certificate."

3. The counsel appearing for the 5th respondent

submitted that there is no quarrying at present. In the

light of the above fact, no further order is necessary in

this case.

Therefore, this Writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 39103/2016

PETITIONER EXHIBITS EXT.P1 THE TRUE COPY OF DOCUMENT NO.1401/ S.R.O, AEACODE EXT.P2 THE TRUE COPY OF THE TAX RECEIPT DATED 30/1/96 EXT.P3 THE TRUE COPY OF THE QUARRYING PERMIT DATED 11/4/2016 ISSUED BY THE 3RD RESPONDENT RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE