Kerala High Court
Devarajan vs The Secretary on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 204 OF 2018
PETITIONER/S:
DEVARAJAN
AGED 45 YEARS, S/O.KUNJAPPAN,
PARAPPURATHU,KANGARAPPADY, VADAKODE P.O.,
THRIKKAKARA NORTH VILLAGE,
ERNAKULAM DISTRICT, PIN - 682021.
BY ADVS.
RESPONDENTS:
1 THE SECRETARY
EDATHALA GRAMA PANCHAYATH, EDATHALA P.O.,
ERNAKULAM DISTRICT, PIN - 683561.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT-682030.
3 THE TAHASILDAR
KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
4 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, ERNAKULAM DISTRICT - 682030.
5 THE VILLAGE OFFICER
THRIKKAKARA NORTH VILLAGE,
ERNAKULAM DISTRICT - 682030.
6 SENIOR GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, CIVIL STATION,
KAKKANAD, ERNAKULAM DISTRICT - 682030.
7 SMITHA
W/O.SINOJ, KANIYATHU HOUSE, KANGARAPPADY,
VADAKODE P.O., THRIKKAKARA NORTH VILLAGE,
ERNAKULAM DISTRICT, PIN 682021.
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.204/2018
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.204 of 2018
----------------------------------------------
Dated this the 31st day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ, order or direction, commanding
the 1st respondent to take necessary action to
stop the running of the soil mining conducting by
the 7th respondent and strictly implement Exhibit
P3.
ii. To call for the records and reports from the 6th
respondent on Exhibit P1, P2 and P3 and further
direct the 6th respondent to stop the illegal
functioning of soil mining.
iii. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondents 1 to 5 to take action on the basis
of the Exhibit P3.
iv. Issue such other order or direction as this Hon'ble
Court may deem fit to grant in the facts and
circumstances of the case.
(SIC)
2. The counsel who filed this writ petition submitted
that he relinquished vakkalath. There is no appearance for
the petitioner. When this writ petition came up for
consideration on 04.01.2018, this Court passed the following
order:
"Admit.
Govt. Pleader takes notice for respondents 2 to 6.
Issue notice by speed post to respondents 1 and 7.
Post after three weeks for the counter affidavit of
the respondents.
In the meanwhile, the 6th respondent shall
implement Ext.P3 stop memo if the same is not
otherwise cancelled or modified."
3. This writ petition is listed in the defect list because
service to respondents 1 and 7 is not complete. In such
circumstances, this writ petition need not be retained here. If
there is any surviving grievance to the petitioner, he can
approach the the competent authority among the respondents
with appropriate representation and if such a representation is
received, the competent authority will do the needful, with
notice to the petitioner, 7th respondent and other affected
parties, if any.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 204/2018
PETITIONER EXHIBITS
EXHIBIT-P1: THE TRUE COPY OF THE COMPLAINT BEFORE
THE 6TH RESPONDENT ON 21.11.2017
AGAINST THE 7TH RESPONDENT.
EXHIBIT-P2: THE TRUE COPY OF THE COMPLAINT BEFORE
THE 6TH RESPONDENT ON 11.12.2017
AGAINST THE 7TH RESPONDENT.
EXHIBIT-P3: THE TRUE COPY OF THE STOP MEMO ISSUED
BY THE 6TH RESPONDENT ON 11.12.2017
AGAINST THE 7TH RESPONDENT.
EXHIBIT-P4: THE TRUE COPY OF THE PHOTOGRAPHS.
