Kerala High Court
Sijo Tharakan vs Kumar (Age And Father'S Name Not Known To ... on 11 April, 2014
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938
Con.Case(C).No. 264 of 2016 (S) IN WP(C).11052/2014
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AGAINST THE ORDER IN WP(C) 11052/2014 of HIGH COURT OF KERALA DATED 11.04.2014
PETITIONER/PETITIONER IN WPC:
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SIJO THARAKAN, AGED 35, S/O. THARAKAN,
THARAKAN HOUSE, PANNISSRI P.O, KOONAMOOCHI, THRISSUR
BY ADV. SRI.T.RAJASEKHARAN NAIR
RESPONDENTS/RESPONDENTS 2 TO 8 IN WPC
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1. V.RATHEESAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR 680 001.
2. HARITHA V. KUMAR (AGE AND FATHER'S NAME NOT KNOWN TO THE ETITIONER)
THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, THRISSUR 680 001.
3. MANOJ A.K, ( AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
THE SENIOR GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF
MINING & GEOLOGY, MINI CIVIL STATION, CHEMBUKAVU, THRISSUR - 20.
4. P.K BABU (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
ADDITIONAL THAHASILDAR, THALAPPILLY, THRISSUR 680 001.
5. T.H. SHAJI (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
SECRETARY,KANDANASSERY GRAMA PANCHAYATH OFFICE,
KANDANASSERY GRAMA PANCHAYATH, P.O. MATTOM, THRISSUR 680 602.
6. C.R SANTHOSH (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
THE CIRCLE INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION,
GURUVAYOOR, THRISSUR 680 101.
7. P.K BABURAJAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
THE ENVIORNMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, 6TH FLOOR, SUN TOWER, EAST FORT P.O, THRISSUR 680 005.
R1 TO R4 BY SR. GOVERNMENT PLEADER SRI.R.PADMARAJ
R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 30-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VPV
P.N.RAVINDRAN, J.
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C.O.(C)No.264 of 2016
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Dated this the 30th day of June, 2016
JUDGMENT
This contempt case is filed alleging that the respondents herein have willfully violated Annexure-A1 interim order passed by this court on 11.4.2014 in W.P.(C)No.11052 of 2014. It is contended that though by the said order this court had directed respondents 1 to 8 in the writ petition to take immediate steps to stop illegal and unauthorised mining of red soil, laterite stone, ordinary earth and quarrying operations in Kandanassery and Choondal Panchayats, the District Collector, Thrissur has passed an order on 15.1.2016 granting permission to the Manager of St.Joseph's L.P.School to extract red earth from within the local limits of Kandanassery Grama Panchayat. A copy of the order issued in that regard is produced as Annexure-A3. It is also stated that shortly after Annexure-A3 order was issued, by Annexure A4 order dated 19.1.2016, the District Geologist, Thrissur granted permission to two persons to extract red earth from within the local limits of Kandanassery Grama Panchayat. Learned counsel for the petitioner also submitted that the operation of Annexure-A4 order has been stayed by this court in the very same writ petition.
2. After hearing learned counsel appearing for the petitioner, C.O.(C)No.264 of 2016 -:2:- I am not persuaded to hold that the respondents have committed willful disobedience of the interim order passed by this court. The interim order passed by this court evidenced by Annexure-A1 is an order directing respondents 1 to 8 in the writ petition to take steps to stop illegal and unauthorised mining of red soil, laterite stone, ordinary earth and quarrying operations. The direction was to stop illegal and unauthorised mining of red soil, laterite stone, ordinary earth and quarrying operations. This court does not restrain the respondents in the writ petition including the District Collector and the District Geologist from issuing quarrying permits. In such circumstances, the mere fact that a permit issued during the pendency of the writ petition was stayed by this court is not in my opinion a reason to hold that the respondents have willfully violated Annexure-A1 interim order. The very fact that Annexure-A1 interim order was modified by permitting the 12th respondent in the writ petition from continuing the mining activities if he holds a valid licence and permit itself is indicative of the fact that this court did not restrain the District Collector or the District Geologist from issuing mining permits.
This contempt case is in my opinion without any merit. It fails and is accordingly dismissed.
Sd/-
P.N.RAVINDRAN JUDGE vpv