Kerala High Court
Biju K.M vs The Thalappalam Grama Panchayath on 12 December, 2013
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936
WP(C).No. 6148 of 2014 (P)
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PETITIONER(S):
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BIJU K.M , KOTTUKAPPILLIL HOUSE, KAITHOOKKADAVU PO
KOTTAYAM DISTRICT, PIN 686 579.
BY ADV. SRI.BIJU MARTIN
RESPONDENT(S):
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1. THE THALAPPALAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PLASSANAL PO
KOTTAYAM DISTRICT, PIN 686 579.
2. THE DIRECTOR OF MINE SAFETY
SOUTH ZONE, NO.5, 17TH MAIN, 100 FEET,
4TH BLOCK, KORAMANGALA, NEAR BDA COMPLEX
BANGALURU 560 034, KARNATAKA
3. THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM, PIN 686 001.
4. THE GEOLOGIST
DISTRICT OFFICE OF MINING AND GEOLOGY
KOTTAYAM DISTRICT, PIN 686 001.
5. THE ENVIRONMENTAL ENGINEER
POLLUTION C0NTROL BOARD, DISTRICT OFFICE,
KOTTAYAM, PIN 686 501
6. TOMY THOMAS
PULIKKAL HOUSE, KALATHOOKKADAVU PO,
KOTTAYAM DISTRICT- PIN 686 579.
BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
R1 BY SRI.GEORGEKUTTY MATHEW
BY GOVERNMENT PLEADER SMT.C.K.SHERIN
BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6148 of 2014 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE REPLY RECEIVBED BY THE PETITIONER FROM THE IST
RESPONDENT ON 13/2/2014 , UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P2 COPY OF THE RESOLUTION IN THE GRAMA SABHA OF WARD NO.3
HELD ON 4/1/2014
EXHIBIT P3 COPY OF THE INTERIM ORDER DATED 12/12/2013 IN WRIT APPEAL
NO.1715/2013
EXHIBIT P4 COPY OF THE NOTIFICATION DATED 3/12/2013 ISSUED BNY THE
STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P5 COPY OF THE CIRCULAR DATED 20/7/2011 ISSUED BY THE KERALA
STATE POLLUTION CONTROL BOARD
EXHIBIT P6 COPY OF THE REPORT DTED 17/5/2012 SUBMITTED BY THE CENTRE
FOR EARTH SCIENCE STUDIES
EXHIBIT P7 COPY OF THE INTERIM ORDER DATED 14/2/2013 PASSED BY THE
TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM
IN IA NO.271/2013 IN REVISION PETITION NO.21/2013
EXHIBIT P8 COPY OF THE REPRESENTATION DATED 9/1/2014 FILED BY THE
PETITIONER AND NEIGHBOURS BEFORE THE 3RD RESPONDENT
EXHIBIT P9 COPY OF THE ORDER DATED 20/9/2012 PASSED BY THE 2ND
RESPONDENT
RESPONDENT(S)' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
dlk
C.T.RAVIKUMAR, J
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W.P.(C) No. 6148 of 2014
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Dated this the 9th day of June, 2014
JUDGMENT
The captioned writ petition has been challenging the order passed by the Tribunal for Local Self Government Institutions in I.A.No.271/2013 in Revision Petition.No.21/2013. Obviously, as per the same the implementation of the decision taken by the Thalappalam Grama Panchayath committee dated 7.2.2013 was stayed at the instance of the 6th respondent. When this matter is taken up for consideration today, the learned counsel appearing for the 6th respondent submitted that subsequently the Revision Petition No.21/2013 itself was disposed of in favour of the 6th respondent with directions to reconsider all decisions, after setting aside the impugned decision. In the said circumstances, there cannot be any doubt with respect respect to the position that this writ petition has become infructuous owing to the passing of the final order in Revision Petition No.21/2013. The impugned Ext.P7 interim order W.P.(C) No. 6148 of 2014 2 was in force only till the disposal of the revision petition by the Tribunal. Now, that the revision petition is disposed of there is absolutely no necessity to consider the challenge against the same, any further, In the said circumstances leaving liberty to the petitioner to work out his remedies to redress the grievances, if any, in accordance with law, this writ petition is closed.
Sd/-
C.T.RAVIKUMAR,JUDGE.
dlk