N.K.Muhammed vs Moyinkutty.M.K
2025 Latest Caselaw 5317 Ker

Kerala High Court

N.K.Muhammed vs Moyinkutty.M.K on 20 March, 2025

                  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 20th day of March 2025 / 29th Phalguna, 1946
                             WA NO. 519 OF 2020
    AGAINST JUDGMENT DATED 29.01.2020 IN WP(C) 34716/2019 OF THIS COURT
APPELLANT/8th RESPONDENT::

     N.K.MUHAMMED, AGED 73 YEARS, S/O.KUNHAMU, MANAGING DIRECTOR, SPICE
     BOWL HOTELS PVT.LTD., WINNY, MEDICAL COLLEGE P.O., KOZHIKKODE
     DISTRICT, PIN-673 572.

BY ADVS.M/S.C.S.ABDUL SAMMAD, V.D.BALAKRISHNA KARTHA,K.RAMKUMAR    (SR.)

RESPONDENTS/PETITONER & RESPONDENTS 1 TO 7:

  1. MOYINKUTTY.M.K., AGED 52 YEARS, S/O.AHAMEDKUTTY, MADATHUMKUZHIYIL
     HOUSE, KIZHAKOTH P.O., KOZHIKKODE-673 572.
  2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
     SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
  3. STATE DISASTER MANAGEMENT AUTHORITY, OBSERVATORY HILLS, VIKAS BHAVAN
     P.O., THIRUVANANTHAPURAM-695 033.
  4. DISTRICT DISASTER MANAGEMENT AUTHORITY, CIVIL STATION, KOZHIKODE-673
     020.
  5. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKKODE-673 020.
  6. THE DISTRICT OFFICER, DISTRICT OFFICE OF THE GROUND WATER
     DEPARTMENT, B BLOCK, 6TH FLOOR, CIVIL STATION, KOZHIKKODE-673 020.
  7. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
     CIVIL STATION, KOZHIKKODE-673 020.
  8. KIZHAKOTH GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,
     KIZHAKKOTH, KOZHIKKODE-673 572.

BY GOVERNMENT PLEADER FOR R2 TO R7

ADVS.M/S.VINOD SINGH CHERIYAN, T.M.KHALID & K.P.SUMALATHA FOR R8

ADV.SMT.DAISY A.PHILIPOSE FOR R1

     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 of the judgment of the Learned Single Judge of this
Hon'ble Court dated 29.01.2020 pending disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders along with connected
cases on 20/03/2025 upon perusing the appeal memorandum and this court's
order dated 28/02/2025 the court on the same day passed the following:
                             Nitin Jamdar, C.J. & S. Manu, J.
                             =-=-=-=-=-=-=-=-=-=-=-=-=-=
                             W.A. Nos. 420 & 519 of 2020
                            & W.P.(C) No. 27428 of 2021
                             =-=-=-=-=-=-=-=-=-=-=-=-=-=
                         Dated this the 20th day of March, 2025

                                            ORDER

Heard Mr. K. Ramakumar, learned Senior Advocate for the Appellant in W.A. Nos. 420 & 519 of 2020, Ms. Daisy A. Philipose, learned counsel for the Petitioner in W.P.(C) No. 27428 of 2021, Mr. M.H. Hanil Kumar, learned Special Government Pleader for the State, Mr. T. Naveen, learned Standing Counsel for the Pollution Control Board and Ms. K.P. Susmitha, learned counsel for the Respondent - Panchayat.

2. The learned Senior Advocate for the Appellant states that an interim application - I.A.No.1 of 2025 is filed in W.A.No.420 of 2020 for placing on record a Government Order dated 30 April 2022 and a communication dated 3 June 2024. The learned counsel for the Respondents seek time to take instructions as to the position pointed out in the interim application.

3. Post on 22 May 2025.

Sd/-

Nitin Jamdar Chief Justice

Sd/-

S. Manu Judge vpv

20-03-2025 /True Copy/ Assistant Registrar