Kerala High Court
Mohanan K.K vs Senior Geologist on 18 February, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
WP(C).No.3433 OF 2020(D)
PETITIONER/S:
MOHANAN K.K.
AGED 52 YEARS
S/O.UNNI CHATHAN, KARIYATHAM KOTTAMMAL HOUSE,
OLVATTUR P.O., PULIKKAL VILLAGE, KODOTTY TALUK,
MALAPPURAM DISTRICT-673637.
BY ADV. SRI.K.MOHAMMED RAFEEQ
RESPONDENT/S:
1 SENIOR GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, MINI CIVIL STATION, MANJERY, MALAPPURAM
DISTRICT-676517.
2 THE VILLAGE OFFICER,
PULIKKAL VILLAGE, ALUNGAL-VALIYAPARAMBA PULIKKAL,
ERNAKULAM DISTRICT, PIN-673637.
3 THE SECRETARY,
PULIKKAL GRAMA PANCHAYATH, ALUNGAL-VALIYAPARAMBA
PULIKKAL, ERNAKULAM DISTRICT, PIN-673637.
4 SUB INSPECTOR OF POLICE,
KONDOTTY POLICE STATION, MALAPPURAM DISTRICT-673637.
5 VELAYUDHAN P.,
AGED 46 YEARS
S/O.KARIYTHAN, KARIYATHAM KOTTAMMAL HOUSE, OLVATTUR
P.O., PULIKKAL VILLAGE, KONDOTTY TALUK, MALAPPURAM
DISTRICT.
OTHER PRESENT:
K.J.MANU RAJ G.P., R.RAMDAS, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3433 OF 2020(D) 2
ALEXANDER THOMAS, J.
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W.P.(C.) No.3433 of 2020
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Dated this the 18th day of February, 2020
JUDGMENT
The prayers in the above W.P.(C.) are as follows :
1. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents No.1 to 4 to consider the Ext.P3 complaint to stop the excavation and mining of laterite stone from the property of the fifth respondent within a reasonable period fixed by this Honourable Court.
2. Direct the first respondent to take necessary action against the fifth respondent.
3. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case."
2. Heard Sri.K.Mohammed Rafeeq, learned counsel appearing for the petitioner, Sri.K.J.Manuraj, learned Government Pleader appearing for respondents 1, 2 and 4 and Sri. R.Ramdas, learned standing counsel appearing for R3 (Pulikkal Grama Panchayat). In the nature of the orders proposed to pass in this petition, the notice for R5 will stand dispensed with.
3. After hearing both sides and taking note of the facts and circumstances of this case as disclosed in pleadings and materials on record, it is ordered that the 1 st respondent, senior Geologist, Malappuram district will take up the matters raised in Ext.P3 complaint and after conducting necessary enquiries thereon and after furnishing copies of the said enquiry report of the petitioner in advance, after affording reasonable opportunity of being heard to the petitioner and the 5 th respondent through WP(C).No.3433 OF 2020(D) 3 the authorised representative/counsel, if any, the 1st respondent will render a considered decision in the matters raised in Ext.P3 complaint, without much delay, preferably within a period of 6-8 weeks from the date of production of a certified copy of this judgment.
With these observations and directions, the above W.P.(C.) will stand disposed of.
sd/-
ALEXANDER THOMAS, JUDGE SKS WP(C).No.3433 OF 2020(D) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 21.07.2019 ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P1(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 06.03.2019 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P2(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT 20.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ALONG WITH THE COPIES OF SECOND, THIRD AND FOURTH RESPONDENT. EXHIBIT P3(A) TRUE COPY OF THE RECEIPT DATED 20.01.2020 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P3(AI) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3A RECEIPT.
EXHIBIT P3(B) TRUE COPY OF THE EXHIBIT P3 COMPLAINT WHICH ACKNOWLEDGED BY THE SECOND RESPONDENT ON 20.01.2020.
EXHIBIT P3(C) TRUE COPY OF THE RECEIPT DATED 20.01.2020 ISSUED BY THE THIRD RESPONDENT.