The District Geologist vs Jayaprakash
2024 Latest Caselaw 29136 Ker

Kerala High Court

The District Geologist vs Jayaprakash on 10 October, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
         Thursday, the 10th day of October 2024 / 18th Aswina, 1946
                             WA NO. 1077 OF 2023
    AGAINST JUDGMENT DATED 02/05/2023 IN WP(C) 35502/2022 OF THIS COURT
APPELLANTS/RESPONDENTS 1 TO 4 IN W.P.(C):

  1. THE DISTRICT GEOLOGIST, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL
     STATION, CHEMBOOKKAVU, THRISSUR, PIN - 680 020

     AND 3 OTHERS

BY GOVERNMENT PLEADER SRI T P SAJAN

RESPONDENT/PETITIONER IN WP(C):

     JAYAPRAKASH, S/O.DIVAKARAN, PATHIKALAYIL HOUSE, MYLATTUPARA, PEECHI
     P.O., THRISSUR DISTRICT-680 653, REP.BY ITS POWER OF ATTORNEY HOLDER
     RAMESH,S/O DIVAKARAN, PATHIKALAYIL HOUSE, MYLATTUPURA, PEECHI P.O,
     THRISSUR DISTRICT - 680653


BY ADV. SRI. BINOY VASUDEVAN

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the judgment dated 02.5.2023
of the Learned Single Judge in W.P.(C) No.35502/2022 pending final
disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders along with connected
cases on 10/10/2024, upon perusing the appeal memorandum and this court's
order dated 25/09/2023, the court on the same day passed the following:
                         NITIN JAMDAR, C.J.
                                    &
                              S.MANU, J.
                   =========================
               W.A Nos. 1251, 1234, 1077 & 1111 of 2023
                   =========================
                Dated this the 10th day of October, 2024

                                ORDER

NITIN JAMDAR, C.J.

Heard Sri. T.P.Sajan, learned Special Government Pleader for the Appellants and Sri. P.B. Krishnan, learned Senior Advocate for Respondents.

2. The contention of the Respondents is that for the removal of soil from the Petitioner's land, no reference to the Forest Department is necessary, and the Department of Mining and Geology is alone the authority to grant permission without any reference to the Forest Department.

3. According to the Appellant, to examine whether the conditions of the 'patta' and the conditions imposed by the Central Government have the diversion of the land, the Forest Department will have to examine them. He also contends that the decision on this issue will affect a large number of cases.

4. The appeals have already been admitted. Place the appeals on the weekly board commencing on 21 October 2024.

5. Learned counsel for the parties will circulate the summary of the W.A Nos. 1251, 1234, 1077 & 1111 of 2023

propositions and the decisions they seek to rely upon, in advance.

C.M. Application No.1/2023 in W.A.No.1234/2023

Perused the application. Sufficient cause is made out. Delay in filing the appeal stands condoned. The appeal to be heard along with connected cases, which are directed to be listed in the weekly board commencing from 21 October 2024.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S.MANU JUDGE

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10-10-2024 /True Copy/ Assistant Registrar