Kerala High Court
M.M. Shamsudheen vs District Collector on 21 February, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY,THE 21ST DAY OF MARCH 2014/30TH PHALGUNA, 1935
WP(C).No. 789 of 2014 (W)
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PETITIONER:
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M.M. SHAMSUDHEEN, AGED 41 YEARS,
S/O.MUHAMMED, MUTHUVASSERY HOUSE, PANICHAYAM,
NEDUNGAPRA P.O., PERUMBAVOOR VIA., KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA
SRI.T.K.BIJU (MANJINIKARA)
RESPONDENTS:
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1. DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KAKKANAD, KOCH I- 682 030.
2. REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 661.
3. THAHSILDAR,
KOTHAMANGALAM TALUK, KOTHAMANGALAM P.O.,
ERNAKULAM DISTRICT, PIN - 686 691.
4. NELLIKKUZHY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, NELLIKKUZHY P.O.,
KOTHAMANGALAM VIA., ERNAKULAM DISTRICT, PIN - 686 691.
5. GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT, COLLECTORATE,
KAKKANAD, KOCHI - 682 030.
6. KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY,PLAMOOD, PATTOM,
THIRUVANANTHAPURAM - 695 004.
7. K.M.PAREED,
KAMBAKUDY HOUSE, NELLIKKUZHY P.O., KOTHAMANGALAM VIA.,
ERNAKULAM DISTRICT, PIN - 686 691.
R1,R2,R3, & R5 BY SR.GOVERNMENT PLEADER SRI.SOJAN JAMES
R6 BY SRI. M.AJAY, SC
R7 BY ADV. SRI.PEEYUS A.KOTTAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-03-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 789 of 2014 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT. P1: TRUE COPY OF THE DOCUMENT NO.1146/06 DATED 21.02.2006 OF
THE SUB REGISTRY,KOTHAMANGALAM.
EXT. P2: TRUE COPY OF THE LICENCE NO.G-687/2013-14(186) DATED 05.06.2013
VALID UP TO 31.03.2014 ISSUED BY THE NELLIKKUZHY GRAMA
PANCHAYAT.
EXT. P3: TRUE COPY OF THE EXPLOSIVE LICENCE BEARING
NO.K DIS/12088/13/M4 DATED 17.05.2013 ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, ERNAKULAM.
EXT. P4: TRUE COPY OF THE PERMIT NO.188/12-13/MM/GS/CRPS/DOE/360/E2/13
DATED 04.02.2013 ISSUED BY THE 5TH RESPONDENT.
EXT.P5: TRUE COPY OF THE LOCATION PLAN ENCLOSED ALONG WITH
EXT.P4.
EXT.P6: TRUE COPY OF THE CONSENT NO.PCB/EKM/DO2/ICO-R1/12/2012
DATED 13.12.2012 ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD.
EXT.P6(A): TRUE COPY OF THE CERTIFICATE NO.MR/S2/0175 DATED 18.07.2012
ISSUED BY THE CHAIRMAN, BOARD OF MINING OF THE GOVERNMENT
OF INDIA, TO MR.RAMESH V.
EXT.P7: TRUE COPY OF THE COMPLAINT DATED 29.10.2013 SUBMITTED BY
THE 7TH RESPONDENT BEFORE THE 1ST RESPONDENT.
EXT.P7(A): TRUE COPY OF THE PROCEEDING NO.A2-10215/13 DATED 04.11.2013
OF THE 2ND RESPONDENT.
EXT.P8: TRUE COPY OF THE PROHIBITORY ORDER NO.9903/2013/C1
DATED 10.12.2013 ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT.
EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 11.12.2013 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P10: TRUE COPY OF THE RECEIPT NO.82039/13 DATED 13.12.2013 ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:
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EXT.R7: TRUE COPY OF THE REPORT DATED 17.01.2014 ISSUED BY THE
VILLAGE OFFICE, ERAMALLUR TO THE PETITIONER UNDER THE
RIGHT TO INFORMATION ACT 2005 AGAINST M.M.ABDUL KAREEM.
EXT.R7(A): TRUE COPY OF THE REPORT DATED 20.12.2013 ALONG WITH SKETCH
SUBMITTED BY THE VILLAGE OFFICER, ERAMALLUR, UNDER RIGHT
TO INFORMATION ACT 2005 AGAINST THE PETITIONER AND
M.M.ABDUL KAREEM.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.789 of 2014
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Dated this the 21st day of March 2014
J U D G M E N T
Petitioner has approached this Court inter alia challenging Ext.P8 prohibitory order issued by the Additional Tahsildar. According to the petitioner, he has all valid licences/permission for conducting/operating the quarry. On the basis of certain complaints filed by the 7th respondent, the District Collector initiated certain enquiry and called for a report from the Additional Tahsildar who had issued Ext.P8. According to the petitioner, Tahsildar has no authority to issue Ext.P8 in so far as the petitioner is having all necessary licence/permission.
2. Learned counsel appearing for the 7th respondent submits that petitioner has no valid licence for operating the quarry in so far as the quarrying licence has already expired on 03/02/2014. Respondents also submit that the petitioner had encroached into the Government puramboke land which W.P.C.No.789/2014 2 fact is disputed by the learned counsel for the petitioner.
3. Whatever that may be, as matters stand now, there is no quarrying licence in favour of the petitioner and therefore the petitioner will not be in a position to effect quarrying operation in the said property.
4. Having regard to the fact that the District Collector has already initiated steps to conduct enquiry regarding quarrying operation of the petitioner, it is all the more necessary that appropriate orders shall be passed by the District Collector within a time frame. It is, needless to state, that the District Collector shall verify whether the petitioner has all valid licence/permission from the statutory authorities and shall also enquire as to whether the petitioner has encroached into the Government properties as alleged by the 7th respondent.
In the result, this writ petition is disposed of as follows:
i) The District Collector shall make necessary enquiry into Ext.P7 complaint and pass appropriate orders W.P.C.No.789/2014 3 within a period of two months from the date of receipt of a copy of this judgment.
ii) It shall be open for the petitioner to produce all necessary documents to enable the District Collector to ensure that the petitioner is in possession of the licence/permission as referred above.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr