Kerala High Court
Aji Kumar vs State Of Kerala on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 30177 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 30177 OF 2025
PETITIONER:
AJI KUMAR
AGED 52 YEARS
S/O.RAJAPPAN, MALLAPPALLIL, MUKKALLIL, PERAMBRA,
KAYANNA, KOZHIKODE., PIN - 673526
BY ADV SMT.K.DEEPA (PAYYANUR)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, (REVENUE), GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT COLLECTOR
KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
KOZHIKODE., PIN - 673020
3 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
KOZHIKODE., PIN - 673020
4 THE TAHSILDAR
KOYILANDY TALUK OFFICE, KOYILANDY, KOZHIKODE., PIN -
673305
5 THE SECRETARY
CHAKKITTAPPARA GRAMA PANCHAYAT VILLAGE,
CHAKKITTAPPARA (P.O), KOZHIKODE (DIST.), PIN -
WP(C) NO. 30177 OF 2025
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673526
6 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, CHAKKITTAPARA, KOYILANDY TALUK,
KOZHIKODE., PIN - 673526
7 THE GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
KOZHIKODE., PIN - 673020
8 KERALA STATE POLLUTION CONTROL BOARD
CIVIL STATION, KOZHIKODE., PIN - 673002
9 SHYAM MATHEW,
AGED 52 YEARS
S/O. MATHEW ,CHEBAKKOTTU, CHAKKITTAPARA, KAYANNA
(P.O), KOZHIKODE (DIST) ., PIN - 673526
0 TOY C MATHEW
AGED 50 YEARS
S/O. MATHEW, CHEBAKKOTTU, CHAKKITTAPARA, KAYANNA
(P.O), KOZHIKODE (DIST)., PIN - 673526
BY ADVS.
SRI.VINOD SINGH CHERIYAN
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
OTHER PRESENT:
GP SMT. PREETHA K K, SC -SRI. T. NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.30177 of 2025
---------------------------
Dated this the 17th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
(i) to issue a writ of mandamus or any other
appropriate writ order or direction to the respondents 2
to 8 to take effective steps to close down the "M Sand
P Sand Unit" of the 9th and 10th respondents,
functioning in Survey no. 104/2A of Koyilandy Taluk in
Kozhikode District;
(ii) to issue a writ of mandamus or any other
appropriate writ order or direction directing the 5th
respondent to take steps to cancel the licence issued to
the 10th respondent to function "M Sand P Sand Unit";
(iii) to issue a writ of mandamus or any other
appropriate writ order or direction to the 2nd
respondent to consider Exhibit P10 representation; And
(iv) to grant such other reliefs and to pass such other
orders as this Hon'ble Court may deem fit in the facts
and circumstances of the case." (SIC)
2. The main grievance of the petitioner is against the
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functioning of a Metal Crusher and Powder unit. The petitioner
submitted Ext.P10 before the 5th respondent. No action is taken
in it, is the grievance.
3. Heard the learned counsel for the petitioner, the
learned counsel appearing for respondent 8 and 9, the learned
Standing Counsel appearing for the 5 th respondent -
Panchayath. I also heard the learned Standing Counsel
appearing for the Pollution Control Board.
4. After hearing both sides, I am of the considered
opinion that without expressing anything on merit, there can be
a direction to the 5th respondent to consider Ext.P10, after
giving opportunity of hearing to the petitioner and respondent
Nos.9 and 10.
Therefore, this Writ Petition is disposed of with the
following directions:
a) The 5th respondent is directed to consider
Ext.P10 and pass appropriate orders in it, after
giving an opportunity of hearing to the
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petitioner and respondent Nos.9 and 10, as
expeditiously as possible, at any rate, within six
weeks from the date of receipt of a certified
copy of this judgment.
b) The petitioner will produce a certified copy of
this judgment along with a copy of the writ
petition with exhibits before the 5 th respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 17/10/25
Judgment dictated 17/10/25
Draft Judgment placed 18/10/25
Final Judgment uploaded 18/10/25
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APPENDIX OF WP(C) 30177/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MASS REPRESENTATION DATED
12.02.2021 SUBMITTED BEFORE THE 3RD
RESPONDENT RDO SEEKING APPROPRIATE STEPS TO
CLOSE DOWN THE UNIT BY THE AGGRIEVED LOCAL
RESIDENTS.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 01.11.2021 SENT
BY 5TH RESPONDENT PANCHAYAT TO THE 3RD
RESPONDENT RDO.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 03.11.2021 SENT
BY 6TH RESPONDENT AGRICULTURE OFFICER TO THE
5TH RESPONDENT PANCHAYAT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 15.12.2020 IN
W.P. (C) NO.27886/2020 OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION LETTER DATED
17.04.2021 ISSUED BY THE PANCHAYAT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 29.11.2021 IN
W.P. (C) NO.25934/2021OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE
PANCHAYAT DATED 30.08.2024.
EXHIBIT P8 TRUE COPY OF THE FIR DATED 02.05.2022 OF
CRIME NO.101/2022 REGISTERED BY THE
PERUVANNAMUZHI POLICE STATION AGAINST 9TH
RESPONDENT AND OTHERS.
EXHIBIT P9 THE NEWS PAPER CUTTING, REPORTED REGARDING
THE ALLEGED INCIDENT.
EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 07.03.2025
LODGED BEFORE THE 5TH RESPONDENT BY THE
ACTION COMMITTEE.
EXHIBIT P11 SOME OF THE PHOTOGRAPHS SHOWING THE ROAD
ACCESS TO THE UNIT AND SURROUNDING WATER
BODIES, INCLUDING PADDY FIELDS.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 03.07.2025 IN
W.P. (C) NO.19588/2025 OF THIS HON'BLE COURT.
