Disposed

Jose v. State of Kerala

Kerala HC3 Dec 2014WP(C)/5231/2013

Case brief

AI extract

What is this about?

In a writ petition challenging quarry operations by respondents 7 to 9 without permission, the court held that Abdul Nazeer is the actual operator and he is not a party. The petition was disposed of granting liberty to challenge the permits issued to Sri.Abdul Nazeer.

What did the court decide?

Petition disposed with liberty to challenge permissions granted to Sri.Abdul Nazeer and his quarry operations.

Jose Vs State of Kerala — Mining and Natural Resources | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 3RD DAY OF DECEMBER 2014/12TH AGRAHAYANA, 1936

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WP(C).No. 5231 of 2013 (D)

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PETITIONER(S):

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1. JOSE, AGED 65 YEARS, NEELARIYIL, CHEMBANODA P O, PERUVANNAMUZHY-673 528, KOZHIKODE.

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2. ABRAHAM, AGED 52 YEARS, THUNDIKUNNEL, CHEMBANODA, PERUVANNAMUZHY, PIN-673 528, KOZHIKODE.

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BY ADV. SMT.SAJITHA.S.DHARAN

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 004.

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2. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVE SAFETY ORGANIZATION, KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR, CSEZ P.O., KAKKANADU, ERNAKULAM-682 037.

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3. CHAKKITTAPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHAKKITTAPPARA, PIN-673 528.

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4. THE SUB INSPECTOR OF POLICE, PERUVANNAMUZHY POLICE STATION, CHAKKITTAPPARA, PIN-673 528.

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5. DIVISINAL FOREST OFFICER, KOZHIKODE.

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6. GEOLOGIST, OFFICE OF DISTRICT MINING & GEOLOGY, KOZHIKODE.

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7. P.M. ABDUL LATHEEF, AGED 48 YEARS, S/O.KUNJA ABDULLA HAJI, NEDUVILAKANDIYIL, KAYAKODI AMSOM, PERARKOVIL DESOM, VADAKARA TALUK, KOZHIKODE-673 101.

msv/

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WP(C).No. 5231 of 2013 (D)

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8. KONNOTH AYISHA, AGED 42 YEARS, W/O.P M ABDUL NAZIR, KUTTIYADI AMSOM, THONDIPOYIL DESOM, VADAKARA TALUK, KOZHIKODE-673 101.

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9. PUTHANPURAYIL SOFIA, AGED 38 YEARS, D/O.MUSA HAJI, KAYAKKODI AMSOM, DEVAR KOVIL DESOM, VADAKARA TALUK, KOZHIKODE-673 101.

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R1 & R4 TO R6 BY SENIOR GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN R2 BY ADV. SRI.N.NAGARESH, ASG OF INDIA R3 BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE ADVS. SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH R7-R9 BY ADV. SRI.K.LAKSHMINARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 5231 of 2013 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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--------------------------------------

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EXT.P1: TRUE COPY OF GAZETTE NOTIFICATION G.O.(P) NO 26/2009/F&WLD DATED 5/6/2009

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EXT.P2: TRUE COPY OF PETITION FILED BY PETITIONERS BEFORE THE RESPONDENT 3 & 4

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EXT.P3: TRUE COPY OF THE PETITION I A NO 373/2012 IN OS 92/2012 FILED BY IST PETITIONER BEFORE PERAMBRA MUNSIFF COURT.

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EXT.P4: TRUE COPY OF REPLY ISSUED BY 3RD RESPONDENT DTD 6/11/2012.

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EXT.P5: TRUE COPY OF LETTER DTD 8/2/2013 BY ORDER NO PRO.8-2005/2012 BY THE 5TH RESPONDENT.

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EXT.P6: TRUE COPY OF THE REPLY ISSUED BY 6TH RESPONDENT AS PER RTI ACT DTD 16/11/2012.

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EXT.P7: TRUE COPY OF COMMUNICATION NO G3-3300/12 DTD 30/6/2012 ISSUED BY 5TH RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

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EXT.R6(a): TRUE COPY OF THE MAP.

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EXT.R6(b): TRUE COPY OF THE CIRCULAR NO.3889/M2/2012 DATED 12.12.2012 OF DIRECTOR OF MINING AND GEOLOGY.

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EXT.R7(a): TRUE COPY OF THE ORDER OF TEMPORARY INJUNCTION DATED 13.4.2011 IN IA.372/12 IN OS.92/2012 ON THE FILE OF MUNSIFF COURT, PERAMBRA.

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EXT.R7(b): A TRUE COPY OF THE QUARRY PERMIT NO.20/11-12/MM/GS/CRP/DOZ/ M-523/12 DATED 21.3.2012 ISSUED BY THE 6TH RESPONDENT.

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EXT.R7(c): A TRUE COPY OF THE QUARRY PERMIT 10/13-14/MM/GS/CRPS/DOZ/M-586/13 DATED 17.4.2013 ISSUED BY THE 6TH RESPONDENT.

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EXT.R7(d): TRUE COPY OF THE LICENSE NO.201/2012-13 DTED 5.2.2013 ISSUED BY THE 3RD RESPONDENT PANCHAYATH.

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EXT.R7(e): TRUE COPY OF THE LETTER NO.B1-9436/13 DATED 31.7.2013 ISSUED BY THE 3RD RESPONDENT PANCHAYATH.

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EXT.R7(f): TRUE COPY OF THE INTEGRATED CONSENT NO.PCB/KKD/DO/ICO/2420/2012 DATED 4.1.2013 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD, KOZHIKODE.

Msv/

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WP(C).No. 5231 of 2013 (D)

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EXT.R7(g): TRUE COPY OF THE CONSENT VARIATION ORDER NO.PCB/KKD/DO/ICO/2420/2012 DATED 24.4.2013 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD, KOZHIKODE.

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EXT.R7(h): TRUE COPY OF THE PROCEEDINGS NO.2010/58182/11/D5 DATED 4.6.2012 ON THE FILE OF ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE ALONG WITH SKETCH.

//TRUE COPY//

P.S.TO JUDGE.

Ms v/

A.MUHAMED MUSTAQUE,J

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W.P.(C).No. 5231 OF 2013

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Dated this the 3^rd day of December, 2014

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JUDGMENT

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The petitioners approached this Court alleging that respondents 7 to 9 are operating quarry without necessary permission and in violation of the statutory rules.

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The learned counsel appearing for respondents 7 to 9

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submits that they are not operating quarry. It is submitted that one Abdul Nazeer is operating quarry and is having all necessary licences and he is not made a party to the proceedings.

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The writ petition is disposed of with a liberty to the petitioners to challenge the permission granted to Sri.Abdul Nazeer and also operation of quarry by him.

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Sd/-

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A.MUHAMED MUSTAQUE, Judge.

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dpk

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/True copy/ P.S to Judge.

Jose v. State of Kerala

Case brief

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What did the court decide?

Jose v. State of Kerala

Case brief

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