In a contempt proceeding, the petitioner alleged non-compliance with court directions. The Court examined the respondent's affidavit showing audit was completed and concluded no willful contempt was made out, closing the case.
The contempt case was closed as no willful contempt was found.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937
Con.Case(C).No. 165 of 2013 (S) IN WP(C).12150/2007
----------------------------------------------------JUDGMENT IN WP(C) 12150/2007 DATED 21-08-2012
PETITIONER(S)/PETITIONER :-
MANIMALA RIVER PROTECTION COUNCIL, REPRESENTED BY SECRETARY, GOPINATHA PILLAI, AGED 60 YEARS, S/O NARAYANAN PILLAI, KOTTANGAL, KULATHUR, PATHANAMTHITTA.
BY ADV. SRI.T.M.ABDUL LATHEEF
RESPONDENT(S)/RESPONDENTS :-
1. MR. JOSE CYRIAC, AGED 58 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2. AMU.T. GOERGE, AGED ABOUT 50 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER, VADAKKEMURYIL HOUSE, KOLABHAGAM P.O, THADIYOOR - 689 545.
R2 BY ADV. SRI.PHILIP J.VETTICKATTU
SRI.B.PREMNATH (E)
R1 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS
BY SRI.SIBY MATHEW
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
Cont. Case (C) No.165 of 2013
--------------------------------------------Dated this the 12th day of October 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court alleging noncompliance of the directions issued by this Court as per judgment dated 21.8.2012. By the said judgment, this Court, after considering the contentions urged on behalf of the petitioner, had made the following observations :-
“In the aforesaid circumstances, while we approve the views of the Chief Secretary in paragraph 10 of his affidavit dated 2.4.2011 and direct that strict obedience in compliance to those suggestions shall be immediately obtained, it is further ordered that renewal of any among the permits/licences/consents of the operator Amity Rock Products Pvt. Ltd. in the site in question shall be done only after a complete audit by the departments which are found to be relevant by the Ministry of Environment and Forests in the Government of India. The writ petitions ordered accordingly.”
It is inter alia contended by the petitioner that despite the directions issued by this Court, complete audit by various departments have not been made by the State Government.
Cont. Case (C) No.165 of 2013
-: 2 :-
environmental clearance as per Environmental Impact Act 2006 notification for the rock quarrying to be continued by M/s.Amity Rock Products Pvt. Ltd. The application of the petitioner was processed by the State Environmental Impact Assessment Authority and after considering the recommendation of the State Expert Appraisal Committee, environmental clearance was given as per Ext.R1(c). In paragraph 9 of the affidavit it is stated that the environmental clearance has been given by the authority after making necessary inspections, audit and taking note of the recommendations of the State Expert Appraisal Committee. Further in paragraph 10 of the affidavit, it is stated that directions had been issued to the officers concerned to ensure that no pollution or environmental degradation on account of the quarrying activities is going on and reports have been called for periodically.
Cont. Case (C) No.165 of 2013
-: 3 :-
Having regard to the aforesaid factual situation, we do not think that a case of willful contempt has been made out on the allegations raised in the contempt petition. Accordingly, the contempt case is closed.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE
J UDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/12.10.2015
2 issues framed by the court
Whether the petitioner has established willful contempt of court by non-compliance with prior directions regarding audit.
Whether the contempt petition should be dismissed given the findings in the respondent's affidavit.
Manimala River Protection Council
Mr. Jose Cyriac
Amu.T. Goerge
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
