Kerala High Court
Assise vs State Of Kerala on 29 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
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 9476 OF 2017
PETITIONER:
ASSISE
AGED 53 YEARS, S/O.SULAIMAN, PALLATHUPARAMBIL HOUSE,
PETTANADU KARA, MUTHALAKODAM PO, IDUKKI DISTRICT-685 605.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, PAINAVU, IDUKKI-685 001.
3 THE REVENUE DIVISIONAL OFFICER
IDUKKI-685 001.
4 THE ADDL.TAHSILDAR
THODUPUZHA TALUK OFFICE, IDUKKI-685 001.
5 THE VILLAGE OFFICER
THODUPUZHA VILLAGE OFFICE, IDUKKI-685 001.
6 THE DISTRICT GEOLOGIST
MINING ANDG GEOLOGY DEPARTMENT, THODUPUZHA-685 001.
7 MOLI ABRAHAM
THEKEKANNOTH HOUSE, THODUPUZHA, IDUKKI-685 001.
8 ABI
S/O.ISMAIL, KOLLAMPARAMBIL HOUSE, MANGATTUKAVALA,
THODUPUZHA-685 001.
9 ISMAIL
KOLLAMPARAMBIL HOUSE, MANGATTUKAVALA,
THODUPUZHA-685 001.
WP(C) NO.9476 OF 2017
2
BY ADVS.
SRI. B.S. SYAMANTAK, GP
SRI.K.C.VINCENT - R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.9476 OF 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.9476 of 2017
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Dated this the 29th day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a Writ of Mandamus or any other
appropriate writ order or direction commanding the
respondents 2 to 6, to take immediate action to stop
all activities in the area in question as is perpetrated
by the respondents 7 to 9 of carrying out any mining
operation in the interest of justice.
AND
ii) To pass any such or further orders as the
petitioner may seek and this Hon'ble Court deem fit
to grant." SIC
2. When this writ petition came up for
WP(C) NO.9476 OF 2017
consideration on 21.03.2017, this Court passed the
following order;
"Notice before admission to the respondents.
Government Pleader takes notice for respondents 1
to 6. Issue notice by speed post to respondents 7, 8
and 9. The petitioner shall also serve a copy of the
writ petition on the Govt. Pleader.
Post after two weeks.
Respondents 2, 3 and 6 shall, in the
meanwhile, ensure that the activities carried on by
respondents 7, 8 and 9 are strictly in accordance
with law."
3. Today, when the matter came up for
consideration, the learned counsel appearing for the
7th respondent submitted that, the 7th respondent filed
a writ petition as WP(C) No.11292/2016 before this
Court and this Court disposed of the writ petition with
certain directions and consequently the Geologist
considered the matter and found that there is no
WP(C) NO.9476 OF 2017
illegality. If that be the case, nothing survives in this
case. Hence, the writ petition can be closed.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.9476 OF 2017
APPENDIX OF WP(C) 9476/2017
PETITIONER EXHIBITS
P1 : A TRUE COPY OF THE PHOTOGRAPHS
PRODUCED BY THE PETITIONER.
P2 : A TRUE COPY OF THE DOCUMENT IN THE
NAME OF THE PETITIONER BEARING
NO.2090 OF 07 DATED 2-6-07 OF THE
THODUPUZHA SRO.
P3 : A TRUE COPY OF THE TAX RECEIPT ISSUED
BY TEH THODUPUZHA VILLAGE OFFICER
DATED 17-6-2016.
P4 : A TRUE COPY OF THE COMPLAINT OF THE
PETITIONER BEFORE THE THIRD
RESPONDENT DATED 5-11-2016.
P5 : A TRUE COPY OF THE COMMUNICATION OF
THE TAHSILDAR, TALUK OFFICE,
THODUPUZHA DATED 21-1-2017.
P6 : A TRUE COPY OF THE RECEIPT ISSUED BY
THE MINING AND GEOLOGY DEPARTMENT
DATED 5-11-2016.
P7 : A TRUE COPY OF THE ACKNOWLEDGMENT
ISSUED BY THE TALUK TAHSILDAR,
THODUPUZHA DATED 5-11-2016.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
