Kerala High Court
Jeeva M.A vs State Of Kerala on 17 February, 2025
2025:KER:14877
WA NO. 1676 & 1686 OF 2024
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
WA NO. 1676 OF 2024
AGAINST THE JUDGMENT DATED 28.05.2024 IN WP(C)
NO.16231 OF 2021 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
JITHU JEEVA
AGED 24 YEARS
S/O JEEVA M A RESIDING AT MEDAYIL HOUSE,
THENGAKAL P O VANDIPERIYAR, IDUKKI DISTRICT-685
501., PIN - 685501
BY ADVS.
THOMAS ABRAHAM
ASWIN.P.JOHN
MERCIAMMA MATHEW
PAUL BABY
R.ANANTHAPADMANABAN
RESPONDENT(S)/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF
KERALA, PIN - 682031
2 DISTRICT COLLECTOR,
2025:KER:14877
WA NO. 1676 & 1686 OF 2024
-2-
IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685 584.,
PIN - 685584
3 GEOLOGIST
DISTRICT OFFICE OF MINING AND GEOLOGY , MINI
CIVIL STATION, THODUPUZHA P.O.IDUKKI DISTICT-685
584., PIN - 685584
4 THE TAHSILDAR,(LR)
TALUK OFFICE, PEERUMEDU TALUK, PEERUMEDU P.O.685
531., PIN - 685531
5 THE VILLAGE OFFICER
ELAPPARA VILLAGE, PEERMEDU TALUK, IDUKKI
DISTRICT, PIN-685 501., PIN - 685501
6 VANDIPERIYAR GRAMA PANCHAYAT
PANCHAYAT OFFICE, VANDIPERIYAR P.O.685 533,
IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN - 685533
7 ADDL.R7: THE CHIEF SECRETARY
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695001, PIN - 695001
8 ADDL.R8: THE SECRETARY
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM - 695001 ADDL.R7
& R8 ARE IMPLEADED AS PER ORDER DATED 15.09.2021
IN IA NO.1/2021 IN WPC NO.16231/2021., PIN -
695001
BY ADV JOMY K. JOSE
SRI K P HARISH, SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
17.02.2025, ALONG WITH WA.1686/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:14877
WA NO. 1676 & 1686 OF 2024
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
WA NO. 1686 OF 2024
AGAINST THE JUDGMENT DATED 28.05.2024 IN WP(C)
NO.16238 OF 2021 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
JEEVA M.A.
AGED 55 YEARS
S/O. LATE J AZARIAH RESIDING AT MEDAYIL HOUSE,
THENGAKAL P.O., VANDIPERIYAR, IDUKKI DISTRICT-685
501., PIN - 685501
BY ADVS.
THOMAS ABRAHAM
ASWIN.P.JOHN
MERCIAMMA MATHEW
PAUL BABY
R.ANANTHAPADMANABAN
RESPONDENT(S)/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001., PIN -
2025:KER:14877
WA NO. 1676 & 1686 OF 2024
-4-
695001
2 THE DISTRICT COLLECTOR,
IDUKKI DISRICT, COLLECTORATE, IDUKKI-685 584.,
PIN - 685584
3 THE GEOLOGIST
DISTRICT OFFICE OF MINING AND GEOLOGY, MINI CIVIL
STATION, THODUPUZHA P.O., IDUKKI DISTRICT, 685
584., PIN - 685584
4 THE TAHSILDAR (LR)
TALUK OFFICE, PEERUMEDU TALUK, PEERUMEDU P.O.,
685 531., PIN - 685531
5 THE VILLAGE OFFICER
ELAPPARA VILLAGE, PEERMEDU TALUK, IDUKKI
DISTRICT, PIN-685 501., PIN - 685501
6 VANDIPERIYAR GRAMA PANCHAYATH
PANCHAYATH OFFICE, VANDIPERIYAR P.O. 685 533,
IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY.,
PIN - 685533
7 THE CHIEF SECRETARY
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695001, PIN - 695001
8 SECRETARY, REVENUE DEPARTMENT
GOVERNMENT OF KERALA , SECRETARIAT,
THIRUVANANTHAPURAM - 695001 ADDL.R7 & R8 ARE
IMPLEADED AS PER ORDER DATED 15.09.2021 IN IA
NL.1/2021 IN WPC NO. 16238/2021., PIN - 695001
BY ADV JOMY K. JOSE
SRI.K.P. HARISH, SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
17.02.2025, ALONG WITH WA.1676/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:14877
WA NO. 1676 & 1686 OF 2024
-5-
JUDGMENT
Dated this the 17th day of February 2025
NITIN JAMDAR, C.J.
Heard Mr. Paul Baby, learned counsel appearing for the
Appellant in both the appeals, Mr. Jomy K. Jose, learned Standing
Counsel appearing for the Vandiperiyar Grama Panchayath and Mr.
K.P. Harish, learned Senior Government Pleader for the State.
2. On 4 February 2025, the following order came to be passed.
"Heard Mr. Thomas Abraham, learned counsel for
the Appellants/ Original Petitioners and Mr. K. P.
Harish, learned Senior Government Pleader for the
State.
2. The basic relief sought by the Petitioners was for
grant of No Objection Certificates (NOC) from the
Revenue Department, which are required for the
consideration of the applications submitted by them
for quarrying lease. We find from the records that
there is no specific rejection of the applications made
by the Petitioners for NOC. The Petitioners have
moved the Court anticipating what the response of
the State would be. According to us, before
proceeding further, it is necessary to know from the
State whether any decision has been taken to reject
the applications of the Petitioners and whether the
same has been informed to the Petitioners. Learned
2025:KER:14877
WA NO. 1676 & 1686 OF 2024
Senior Government Pleader seeks time to take
instructions."
3. Learned Senior Government Pleader states that necessary
response in respect of No Objection Certificate sought by the
Petitioners would be conveyed to them within a period of four weeks
from today. If the same is adverse to the Petitioners, it will be open to
them to pursue their remedies as per law.
The writ appeals are disposed of accordingly.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
uu
