Kerala High Court
Vijayarajan J., S/O.Janardhanan vs State Of Kerala on 22 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NO. 25871 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 25871 OF 2024
PETITIONER:
VIJAYARAJAN J., S/O.JANARDHANAN,
AGED 73 YEARS
VENCHAMBIIL VEEDU, KARIMPINPUHA THAZHAM,
KARIMPINPUZHA P.O., PUTHOOR,
KOLLAM, PIN - 691507
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
JAYAPRABHA ARJUN
PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CUTCHERY P.O.,
KOLLAM, PIN - 691013
WP(C) NO. 25871 OF 2024
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3 THE SUB COLLECTOR (REVENUE DIVISIONAL OFFICER),
CIVIL STATION, CUTCHERY P.O.,
KOLLAM, PIN - 691013
4 THE TAHSILDAR,
TALUK OFFICE, KOTTARAKKARA,
KOLLAM, PIN - 691506
5 THE VILLAGE OFFICER,
PAVITHRESWARAM, PAVITHRESWARAM VILLAGE,
PAVITHRESWARAM P.O., KOLLAM, PIN - 691507
6 THE DISTRICT GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT,
ASRAMAM, KOLLAM, PIN - 691002
7 THE STATION HOUSE OFFICER,
PUTHOOR POLICE STATION, PUTHOOR P.O.,
KOLLAM, PIN - 691507
8 THE DISTRICT POLICE CHIEF,
KOLLAM RURAL, KOTTARAKKARA P.O.,
KOLLAM, PIN - 691506
9 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KADAPPAKKADA P.O.,
KOLLAM, PIN - 691008
10 THE PAVITHRESWARAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PAVITHRESWARAM P.O., KOLLAM, PIN - 691507
11 SRI.JOSE VARGHESE,
MATHA BRICKS, MAPPILAZHIKATHU VEEDU,
THAZHAM, KARIMPINPUZHA P.O., PUTHOOR,
KOLLAM, PIN - 691507
12 SRI.RAJENDRAN PILLAI,
APPU BRICKS, RAJENDHU, KARIMPINPUZHA P.O.,
PUTHOOR, KOLLAM, PIN - 691507
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13 SRI.SENKUMAR,
VINAYAKA BRICKS, THAZHAM, KARIMPINPUZHA P.O.,
PUTHOOR, KOLLAM, PIN - 691507
14 SRI.JOSE,
RATHNA BRICKS, JOSE VIHAR, THAZHAM,
KARIMPINPUZHA P.O., PUTHOOR,
KOLLAM, PIN - 691507
BY ADVS.
K.V.ANIL KUMAR
VISHNU BHUVANENDRAN
P.MOHANDAS(ERNAKULAM)
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
BHARATH MOHAN(K/1392/2020)
K.P.SATHEESAN (SR.)(S-242)
B.ANUSREE(K/000951/2016)
VARUN JACOB(K/003405/2023)
MYZA ALAN JOSE(K/003177/2023)
RADHIKA S.ANIL(K/000183/2019)
OTHER PRESENT:
DEEPA V., GP,
T.NAVEEN, SC, PCB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The petitioner is aggrieved by the running of brick kiln
units by respondents 11 to 14 without obtaining the statutory
permissions and licences. It is also alleged that respondents 11 to
14 are illegally excavating clay and earth from the banks of the
Kallada River.
2. The petitioner and the public of the locality preferred
various complaints before the authorities. It appears that Exts.P4
to P7, P9, P15 and P18 to P20 orders and stop memos were
passed by the respondents 1 to 10 against respondents 11 to 14 to
stop the alleged running of the brick unit and excavation of the
clay. The petitioner alleges that even after the issuance of the
above said orders and stop memos, respondents 11 to 14 are still
doing their alleged illegal acts.
3. I have heard Sri.B.Mohanlal, the learned counsel for
the petitioner, Sri.T.Naveen, the learned Standing Counsel
appearing for 9th respondent, Sri. K.V.Anil Kumar, the learned
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Counsel appearing for 10th respondent, Sri.Vishnu
Bhuvanendran, the learned Counsel appearing for respondents
11, 12 and 14, Sri. P.Mohandas, the learned Counsel appearing for
the 13th respondent and Smt.Deepa V., the learned Government
Pleader.
4. The learned Counsel for respondents 11 to 14
submitted that respondents 11 to 14 had earlier conducted brick
kiln units in their properties with proper permission and licence
but later those units were stopped. They further submitted that
respondents 11 to 14 have already filed necessary applications for
permission to start the units, which are still pending. It is alleged
that it is to circumvent the issuance of the permit and licence,
this writ petition has been filed. The learned Counsel for
respondents 11 to 14 submitted that respondents 11 to 14 have no
intention to commence the units or excavate the earth without
obtaining necessary permissions and licences from the statutory
authorities.
Having heard both sides, the writ petition is disposed of
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with a direction to respondents 6 to 10 to take action, if any, in
accordance with law, if respondents 11 to 14 commence or run
brick kiln units or conduct excavation of clay without obtaining
the statutory licences and permissions.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) NO. 25871 OF 2024
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APPENDIX OF WP(C) 25871/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 5TH RESPONDENT FOR THE
YEAR 2024-2025 DATED 17/04/2024 TO THE
PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE BUILDING TAX
ASSESSMENT IN RESPECT OF THE RESIDENTIAL
BUILDING OF THE PETITIONER OBTAINED FROM
THE WEBSITE PORTAL OF THE 10TH
RESPONDENT GRAMA PANCHAYATH
EXHIBIT P3 THE TRUE COPY OF THE RATION CARD
NO:1208194516 ISSUED IN THE NAME OF THE
WIFE OF THE PETITIONER SMT.SANDRA
VIJAYARAJAN ISSUED BY THE TALUK SUPPLY
OFFICER, KOTTARAKKARA
EXHIBIT P4 THE TRUE COPY OF THE ORDER
NO.559/2023/OE/DOKOL-DMG/164/2923-M
DATED 21.12.2023 ISSUED BY THE 6TH
RESPONDENT TO THE 11TH RESPONDENT
EXHIBIT P5 THE TRUE COPY OF THE ORDER
NO.556/2023/OE/DOKOL-DMG/164/2923-M
DATED 21.12.2023 ISSUED BY THE 6TH
RESPONDENT TO THE 12TH RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE ORDER
NO.558/2023/OE/DOKOL-DMG/164/2923-M
DATED 21.12.2023 ISSUED BY THE 6TH
RESPONDENT TO THE 13TH RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE ORDER
NO.560/2023/OE/DOKOL-DMG/164/2923-M
DATED 21.12.2023 ISSUED BY THE 6TH
RESPONDENT TO THE 14TH RESPONDENT
EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT DATED
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29/01/2024 FILED THE PETITIONER ALONG
WITH THE RESIDENTS OF THE LOCALITY
BEFORE THE 6TH RESPONDENT
EXHIBIT P9 THE TRUE COPY OF THE COMMUNICATION
NO.DOKOL-DMG/164/2023-M DATED 14.02.2024
ISSUED BY THE6TH RESPONDENT TO THE
PETITIONER
EXHIBIT P10 THE TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER AND OTHERS BEFORE THE
PRESIDENT OF THE 10TH RESPONDENT GRAMA
PANCHAYATH DATED 23.02.2024
EXHIBIT P11 THE PHOTOGRAPH OF THE EARTH AND CLAY
EXCAVATED BY THE RESPONDENTS 11 TO 14
NEAR THE RESIDENCE OF THE PETITIONER AND
THE NEIGHBORING AREA ADJACENT TO THE
KALLADA RIVER
EXHIBIT P12 THE PHOTOGRAPH OF THE BRICK KILLEN
OPENLY BURNING BY THE RESPONDENTS 11 TO
14 NEAR THE RESIDENCE OF THE PETITIONER
EXHIBIT P13 THE TRUE COPY OF THE COMPLAINT DATED
27.02.2024 SUBMITTED BY THE PETITIONER
AND THE RESIDENTS OF THE LOCALITY TO THE
2ND RESPONDENT
EXHIBIT P14 THE TRUE COPY OF THE COMPLAINT DATED
25.03.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P15 THE TRUE COPY OF COMMUNICATION
NO.ECB/KO/COMP/GP/44/2021 DATED
01.04.2024 ISSUED BY THE 9TH RESPONDENT
TO THE 10TH RESPONDENT
EXHIBIT P16 THE TRUE COPY OF THE COMPLAINT DATED
06/04/2024 FILED BY THE PETITIONER ALONG
WITH OTHERS BEFORE THE 7TH RESPONDENT
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EXHIBIT P17 THE TRUE COPY OF THE COMPLAINT DATED
19.04.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT
EXHIBIT P18 THE TRUE COPY OF THE ORDER NO.DOKOL-
DMG/164/2023-M DATED 20.04.2024 ISSUED
BY THE 6TH RESPONDENT TO THE 13TH
RESPONDENT
EXHIBIT P19 THE TRUE COPY OF THE REPORT DATED
15.05.2024 ISSUED BY THE 6TH RESPONDENT
EXHIBIT P20 THE TRUE COPY OF THE ORDER NO.DOKOL-
DMG/164/2023-M DATED 24.05.2024 ISSUED
BY THE 6TH RESPONDENT TO THE 7TH
RESPONDENT
