Writ petition challenging unauthorized quarrying operations by a permit holder was admitted via interim order but disposed of without further orders after respondents produced counter-affidavits and documents justifying their actions.
Petitioner's apprehensions dismissed; Prima facie violation found insufficient to alter interim status.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 1ST DAY OF NOVEMBER 2013/10TH KARTHIKA, 1935
WP(C).No. 12052 of 2013 (F)
PETITIONER(S):
JOSHY V.K., VALLORAN HOUSE, NALUKETTU.P.O., CHALAKKUDY, THRISSUR.
BY ADV. SRI.A.RAJASIMHAN
RESPONDENT(S):
1. SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, CHEMBUKAVU, THRISSUR-20.
2. SUPERINTENDENT OF POLICE(RURAL), THRISSUR-676 120.
3. SUB INSPECTOR OF POLICE, KORATTY, THRISSUR-676 120.
4. JOHNSON.V.K., VALLOORAN HOUSE, NALUKETTU.P.O., CHALAKKUDY, THRISSUR-676 121.
5. THASILDAR, MUKUNDAPURAM TALUK, MUKUNDAPURAM P.O., THRISSUR-676 122.
R1 TO R3 & R5 BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE R4 BY ADVS. SRI.SHEEJO CHACKO SRI.SANGEETH C. SUBRAMANIAN SRI.P.JINISH PAUL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12052 of 2013 (F)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXT.P1 TRUE COPY OF THE SALE DEED DT. 25-6-2008. EXT.P2 TRUE COPY OF THE SKETCH OF THE PROPERTY. EXT.P3 SKETCH OF THE ROAD. EXT.P4 TRUE COPY OF THE COMPLAINT DT. 15-3-2013. EXT.P5 TRUE COPY OF THE STOP MEMO DT. 15-3-2013. EXT.P6 TRUE COPY OF THE COMPLAINT DT. 3-4-2013. EXT.P7 TRUE COPY OF THE NOTICE DT. 27-4-2013. EXT.P8 TRUE COPY OF THE COMPLAITN DT. 26-4-2013. EXT.P9 TRUE COPY OF THE COMPLAINT DT. 5-5-2013. EXT.P10 TRUE COPY OF THE COMPLAINT DT. 6-5-2013.
RESPONDENT(S)' EXHIBITS:
R4(B): COPY OF THE CHALAN RECEIPT DTD. 25/02/2013. R4(C): COPY OF THE OBJECTION DTD. 25/03/2012.
R4(D): COPY OF THE JUDGMENT IN O.S.363/2011.
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.2/-
..2...
WPC.NO.12052/2013 (F)
R4(G): COPY OF POSSESSION CERTIFICATE DTD. 24/08/2012.
R4(H): THE LOCATION CERTIFICATE DTD. 22/2/2013.
R4(J): COPY OF THE COLOURED SKETCH PREPARED BY THE SURVEYOR.
R4(K): COPY OF THE PLAINT FILED BY THE PETITIONER IN O.S.363/2011.
/TRUE COPY/
P.A.TO JUDGE
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P.R. RAMACHANDRA MENON J.
Dated, this the 1st day of November, 2013
JUDGMENT
The petitioner has approached this Court with the following
prayers :
respondent is conducting unauthorized quarrying operation without
W.P.(C) No. 12052 of 2013
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any regard to Ext. P5 stop memo issued by the first respondent/ Senior Geologist on 15.03.2013, whereby the pathway leading to the petitioner's property stands quite adversely affected. This made the petitioner to approach this Court by filing the present writ petition.
“The case of the petitioner is that despite issuance of Ext. P5 stop memo, the quarrying operation is being pursued by the 4th respondent, without any regard to the Rule of Law.
Pursuant to notice on admission, the 4th respondent entered appearance and seeks for time to file counter affidavit.
If the stop memo is still in force, the concerned respondents shall ensure that no quarrying activity is being pursued by the 4th respondent. This shall be subject to further orders to be passed.
The Writ Petition will stand admitted.
Post next weeks.”
are far from the track of truth. Copies of the relevant documents have been produced along with the counter affidavit. The learned
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counsel for the 4th respondent submits that Ext. P5 stop memo came to be issued on the basis of the distorted version of the petitioner as to the factual position. It is stated that 4th respondent has been issued with a quarrying permit to excavate laterite stone from the property belonging to the 4th respondent and Ext. R4(a) is the copy of the permit issued to him on 25.02.2013. On issuance of the said permit, the petitioner filed some objection, mainly referring to the pendency of a Civil suit before the Munsiff's Court, Chalakkudy and also as to the alleged right of the petitioner over the land in question. Some objection was also preferred with reference to the depth of excavation. Pursuant to the interim order passed by this Court, Village Officer conducted an enquiry and it is stated that, there is no violation of the permit in any manner. The first respondent has filed counter affidavit, specifically adverting to the facts and figures, also pointing out that O.S. No. 363 of 2011 preferred by the petitioner was dismissed as not pressed. It is also stated that the permit is only to remove soil from the top, on the permitted area, and that there is no violation of the permit conditions.
W.P.(C) No. 12052 of 2013
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operation affecting the pathway leading to the petitioner's property. The learned counsel for the 4th respondent submits that the pathway is common to the petitioner and 4th respondent and that it is a properly tarred one and further that, if any damage is to be caused to the pathway, it will rather be suicidal to the 4th respondent himself. The learned counsel asserts that there is no intention to cause any damage to the pathway.
In view of the turn of events as above, no further orders are necessary. The Writ Petition is disposed of accordingly.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
2 issues framed by the court
Whether the court should issue writs directing prosecution for unauthorized quarrying and restoration of soil.
Whether the stop memo issued against the petitioner's quarrying operations is valid and enforceable.
Joshy V.K.
Senior Geologist, Department of Mining and Geology
Superintendent of Police(Rural), Thrissur
Sub Inspector of Police, Koratty
Johnson.V.K.
Thasildar, Mukundapuram
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
