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Sasidharan V vs Pallassana Grama Panchayat
2025 Latest Caselaw 1691 Ker

Citation : 2025 Latest Caselaw 1691 Ker
Judgement Date : 29 July, 2025

Kerala High Court

Sasidharan V vs Pallassana Grama Panchayat on 29 July, 2025

Author: C.S.Dias
Bench: C.S.Dias
                                                2025:KER:56020
WP(C) NO. 27918 OF 2025

                                 1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

   TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947

                    WP(C) NO. 27918 OF 2025

PETITIONER:

         SASIDHARAN V
         AGED 53 YEARS
         S/O. A.K. VELAYUDHAN, MANAGING PARTNER, DEEPAM
         GRANITES, MURINGAMALA, VEMBALLUR P.O., PALAKKAD
         DISTRICT,, PIN - 688537


         BY ADVS.
         SRI.ANEESH JAMES
         SHRI.JIJO THOMAS
         SMT.M.D.BEENA




RESPONDENTS:

    1    PALLASSANA GRAMA PANCHAYAT
         PALLASANA P.O., PALAKKAD DISTRICT, REPRESENTED BY
         ITS SECRETARY, PIN - 678505

    2    THE PRESIDENT
         PALLASSANA GRAMA PANCHAYAT PALLASANA P.O.,
         PALAKKAD DISTRICT,, PIN - 678505

    3    THE SECRETARY
         PALLASANA GRAMA PANCHAYAT PALLASANA P.O., PALAKKAD
         DISTRICT,, PIN - 678505

    4    THE DISTRICT COLLECTOR
         KENATHUPARAMBU, KUNNATHURMEDU, PALAKKAD -, PIN -
         678013
                                                          2025:KER:56020
WP(C) NO. 27918 OF 2025

                                      2

     5     THE GEOLOGIST
           MINING AND GEOLOGY DEPARTMENT, PALAKKAD -, PIN -
           678014

     6     THE ENVIRONMENTAL ENGINEER
           KERALA STATE POLLUTION CONTROL BOARD, PALLAKD -,
           PIN - 678001

     7     THE KERALA STATE ENVIRONMENT IMPACT ASSESSMENT
           AUTHORITY
           4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
           THIRUVANANTHAPURAM REPRESENTED BY ITS MEMBER
           SECRETARY, PIN - 695001

     8     THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
           ERNAKULAM PETROLEUM AND EXPLOSIVES SAFETY
           ORGANISATION C2 -IIIRD FLOOR, CGO COMPLEX,
           KAKKAND, COCHIN KERALA STATE POLLUTION CONTROL
           BOARD, PIN - 682021

           SC SRI NIRMAL S
           SC SRI T NAVEEN
           SC SRI M P SREEKRISHNAN
           GP SMT DEEPA V



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.07.2025,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                               2025:KER:56020
WP(C) NO. 27918 OF 2025

                               3




                          JUDGMENT

Dated this the 29th day of July, 2025

The writ petition is filed to direct the respondents

3 and 2 to consider and dispose of Ext.P18 appeal and

Ext.P19 stay petition, expeditiously.

2. Aggrieved by Ext.P16 stop memo issued by

the 3rd respondent, the petitioner has preferred Ext.P18

appeal and Ext.P19 stay petition before the respondents

3 and 2. The petitioner's apprehension is that the

respondents 3 and 2 may not consider Ext.P18 appeal

and Ext.P19 stay petition immediately and his business

would be stalled in view of Ext.P16 stop memo.

3. Heard; the learned counsel for the petitioner,

the learned Standing Counsel appearing for the

respondents 1 to 3 and 6 and the learned Government

Pleader.

4. On a consideration of the facts and materials on 2025:KER:56020 WP(C) NO. 27918 OF 2025

record, especially that Exts.P18 appeal and P19 stay

petition are pending consideration before the

respondents 3 and 2, without expressing anything on

the merits of the matter, I dispose the writ petition by

directing the 2nd respondent to consider Ext.P19 stay

petition, within one week from the date of production of

a copy of this judgment. Similarly, I also direct the 3 rd

respondent to consider Exts.P18 appeal, in accordance

with law and as expeditiously as possible, at any rate,

within 30 days from the date of production of a copy of

this judgment.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rmm/29/7/2025 2025:KER:56020 WP(C) NO. 27918 OF 2025

APPENDIX OF WP(C) 27918/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX PAID RECEIPT DATED 23.04.2025 IN RESPECT OF THE SAID PROPERTY Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 07.01.2023 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KERALA Exhibit P3 A TRUE COPY OF THE CONSENT TO OPERATE DATED 04.03.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P4 A TRUE COPY OF THE LICENSE DATED 13.09.2023 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI, PETROLEUM & EXPLOSIVE SAFETY ORGANIZATION Exhibit P5 A TRUE COPY OF THE LICENSE DATED 05.03.2021 ISSUED BY THE DY. CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM Exhibit P6 A TRUE COPY OF THE QUARRYING PERMIT DATED 24.09.2024 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT OF KERALA Exhibit P7 A TRUE COPY OF THE MOVEMENT PERMIT DATED 02.05.2025 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE PALAKKAD WHICH IS VALID UP TO 23.09.2025 Exhibit P8 A TRUE COPY OF THE LICENSE DATED 30.03.2025 ISSUED BY THE SECRETARY, PALLASSANA GRAMA PANCHAYAT Exhibit P9 A TRUE COPY OF THE FIR NO.229/2025 OF KOLLANGODE POLICE STATION Exhibit P10 A TRUE COPY OF THE ORDER DATED 28.03.2025 OF THIS HON'BLE COURT IN W.P.

Exhibit P11 A TRUE COPY OF THE ORDER NO. 2677238- 2025 DATED 25.06.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P12 A TRUE COPY OF THE REPLY DATED 27.06.2025 SUBMITTED BY THE PETITIONER 2025:KER:56020 WP(C) NO. 27918 OF 2025

BEFORE THE 3RD RESPONDENT Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 07.07.2025 OF THIS HON'BLE COURT IN W.P.

Exhibit P14 A TRUE COPY OF THE EXPLANATION DATED 09.07.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P15 A TRUE COPY OF THE HEARING NOTICE DATED 14.07.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P16 A TRUE COPY OF THE ORDER NO. 2677238- 2025 DATED 16.07.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P17 PHOTOGRAPHS SHOWING THE DISPLAY BOARDS AT THE ENTRANCE TO THE QUARRY AND THE FENCING ERECTED AROUND THE QUARRYING AREA OF THE PETITIONER Exhibit P18 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P19 A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P20 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 23.07.2025 ISSUED BY THE 1ST RESPONDENT

 
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