Kerala High Court
Muthukrishnan vs The District Collector, Palakkad on 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 19675 OF 2024
PETITIONER:
1 MUTHUKRISHNAN
AGED 85 YEARS
S/O.RAMASWAMY, ODUVILPARAMBIL VEETTIL, WADAKKANCHERRY,
THALAPPILLY, THRISSUR-, PIN - 680582
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1 THE DISTRICT COLLECTOR, PALAKKAD
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
2 THE ENVIRONMENTAL ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
MAJESTIC SQUARE BUILDING, 3RD FLOOR, PARAVATTANI.P.O,
OLLUKKARA, THRISSUR, PIN - 680655
3 WADAKKANCHERRY MUNICIPALITY
OFFICE OF THE MUNICIPALITY WADAKKANCHERRY.P.O, THRISSUR
REP.BY ITS SECRETARY., PIN - 680582
4 THE GEOLOGIST
DISTRICT MINERAL SQUAD, MINING AND GEOLOGY DEPARTMENT, CIVIL
STATION (SOUTH BLOCK), AYYANTHOLE, THRISSUR, PIN - 680003
5 VARGHESE
AGED 61 YEARS
S/O.KOCHU, PULIKKOTTIL HOUSE, WADAKKANCHERRY, THALAPPILLY,
THRISSUR, PIN - 680582
BY ADV.SRI.AJITH VISWANATHAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No.19675 of 2024
2
C.JAYACHANDRAN, J.
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W.P.(C.) No.19675 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
The petitioner alleges that the fifth respondent has
conducted illegal mining in his property, which is adjacent
to the petitioner's property. According to the petitioner,
both properties are situated in a hilly terrain and
indiscrete excavation will lead to land slides and natural
calamities in the locality. The short prayer of the
petitioner is that Ext.P8 representation preferred by the
petitioner before the fourth respondent/Geologist may be
directed to be considered within a time frame to be fixed
by this Court.
2. Heard the learned counsel for the petitioner,
learned Government Pleader on behalf of respondents 1
and 4, learned Standing Counsel for the second
respondent Pollution Control Board and also learned
Standing Counsel for the third respondent Municipality.
Notice to the fifth respondent is dispensed with having
regard to the limited relief sought for.
3. In the above referred facts and circumstances,
there will be a direction to the fourth respondent
Geologist to consider and pass orders on Ext.P8
representation preferred by the petitioner, after affording
an opportunity of being heard to the petitioner, fifth
respondent and any other party who will be affected by
such order, within a period of three weeks from the date
of receipt of a copy of this judgment. The petitioner will
produce a copy of this judgment before the fourth
respondent Geologist.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/31-05
APPENDIX OF WP(C) 19675/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
3/5/2024
EXHIBIT P2 TRUE COPY OF THE O.S.NO.84/2024 BEFORE THE
MUNSIFF COURT AT VADAKKANCHERY DATED 22/2/2024
EXHIBIT P3 TRUE COPY OF THE COMMISSION REPORT IN I.A. NO.
3/2024 IN OS NO. 84/2024 BEFORE THE MUNSIFF
COURT AT VADAKKANCHERY
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
27/02/2024 SUBMITTED BEFORE THE 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 28/22024
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 3/5/2024
ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 04.03.2024
ISSUED BY 4TH RESPONDENT
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
12.04.2024 SUBMITTED BEFORE THE 4TH RESPONDENT
EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING
EXCAVATION IN THE PROPERTY OF THE 5TH
RESPONDENT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
