Kerala High Court
Abdul Sathar Sait vs The Superintendent Of Police on 19 November, 2014
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939
WP(C).No. 16044 of 2016(E)
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PETITIONER(S):
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ABDUL SATHAR SAIT
AGED 70, S/O.HAJI HASSAN YAKKOOB SAIT,
UPPUKOTTIL HOUSE, MUKKUKAVALA, PERINGALA,
KAYAMKULAM, PIN - 690502.
BY ADVS.SRI.P.A.MOHAMMED SHAH
SRI.SOORAJ T.ELENJICKAL
SMT.MARY RESHMA GEORGE
SRI.P.K.ABDU RAHEEM
SMT.P.M.MAZNA MANSOOR
RESPONDENT(S):
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1. THE SUPERINTENDENT OF POLICE
KOLLAM RURAL, KOTTARAKKARA,
KOLLAM DISTRICT - 691506.
2. INSPECTOR OF POLICE
SASTHAMKOTTA, KOLLAM DISTRICT - 690521.
3. SUB INSPECTOR OF POLICE
SOORANAD POLICE STATION,
KOLLAM DISTRICT -690522.
4. JOSE PAUL,
PUTHENPURA VADAKATHIL,
PALLIMURI, PORUVAZHI PO,
SOORANAD, KOLLAM DISTRICT - 690522.
5. JOHNSON PAUL,
PALLIMURI, PORUVAZHI PO,
SOORANAD, KOLLAM DISTRICT - 690522.
6. BIJU PAUL,
PALLIMURI, PORUVAZHI PO,
SOORANAD, KOLLAM DISTRICT -690522.
WP(C).No. 16044 of 2016 (E)
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2
7. HUSSAIN,
AAKARAYIL HOUSE, PALLIMURI,
PORUVAZHI PO, SOORANAD, KOLLAM DISTRICT - 690522.
8. SAINUDHEEN M.S.,
NADAKAVIL THEKKATHIL, PALLIMURI,
PORUVAZHI PO, SOORANAD, KOLLAM DISTRICT - 690522.
9. BASHEER
NALLU THUNDIL, PALLIMURI,
PORUVAZHI PO, SOORANAD, KOLLAM DISTRICT - 690522.
R1-R3 BY SR.GOVERNMENT PLEADER SRI.P.P.THAJUDHEEN
R4,R6 & R8 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
R4,R6 & R8 BY ADV. SRI.MANU SEBASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 16044 of 2016 (E)
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APPENDIX
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PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY,
PORUVAZHY GRAMA PANCHAYATH DATED 19.11.2014
EXHIBIT P2 COPY OF THE JUDGMENT OF THIS COURT DATED 03.02.2016
EXHIBIT P3 COPY OF THE ORDER ISSUED BY THE GEOLOGIST DATED
11.04.2016 ALONG WITH ENGLISH TRANSLATION
RESPONDENT(S)' EXHIBITS:
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EXHIBIT R4(a) COPY OF ORDER NO.A11.23053/08 DATED 13.05.2008 OF THE
DISTRICT COLLECTOR.
EXHIBIT R4(b) COPY OF COUNTER-AFFIDAVIT FILED BY THE DISTRICT
COLLECTOR IN WP(C) 8919/2010 BEFORE THIS COURT.
EXHIBIT R4(c) COPY OF JUDGMENT DATED 05-06-2012 IN WPC.8919/2010
EXHIBIT R4(d) COPY OF ORDER NO.L10-19449/2010 DATED 16-07-2012.
EXHIBIT R4(e) COPY OF REPORT DATED 05-06-2015 MADE BY THE 3RD
RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT R4(f) COPY OF REPORT DATED 14-01-2016 SENT BY 3RD RESPONDENT
TO RESPONDENTS 1 AND 2 OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT R4(g) COPIES OF PHOTOGRAPHS DEPICTING THE EFFECT OF RAMPANT
EXTRACTION OF ORDINARY LATERITE.
/TRUE COPY/
PA TO JUDGE
dkr
K.VINOD CHANDRAN & ASHOK MENON, JJ.
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W.P.(C) No. 16044 of 2016
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Dated this the 15th day of February, 2018
JUDGMENT
Vinod Chandran, J.
It is submitted that in the Writ Petition filed by the 4 th respondent, Rule 14 of the Kerala Minor Mineral Concession Rules, 2015, was struck down. However, there is an appeal filed by the Government and there is a stay of the striking down of the rule. The petitioner, however, would not be enabled to transport the sand as per the judgment and in any event the rules have also been amended by the Government. In such circumstances, nothing survives in the Writ Petition. The Writ Petition is dismissed leaving liberty to the petitioner to take appropriate legal remedies otherwise. No costs.
K.VINOD CHANDRAN Judge ASHOK MENON Judge dkr