In this petition challenging illegal rock blasting and official inaction, the High Court of Kerala held that the writ petition, filed in 2011, does not survive given that no steps were taken despite a notice being ordered for over four years. The matter was therefore dismissed as nothing remains viable.
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 K.VINOD CHANDRAN
THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937
WP(C).No. 3521 of 2011 (M)
PETITIONER:
PRAKASH ,S/O.GOPALAN, AGED 27 VATTATHOYIL HOUSE, KOTHAMANGALAM.
BY ADV. SRI.T.RAJESH
RESPONDENTS:
1. THE DIRECTOR OF MINING & GEOLOGY DIRECTORATE OF MINING & GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM 695 001
2. DISTRICT COLLECTOR, ERNAKULAM, COCHIN 23
3. CONTROLLER OF EXPLOSIVES, CIVIL STATION, KAKKANAD, ERNAKULAM COCHIN-23
4. THE TAHSILDAR, KOTHAMANGALAM, REVENUE TOWER, KOTHAMANGALAM-686 691.
5. VAREPETTY GRAMA PANCHAYATH, REP BY ITS SECRETARY, VARAPETTY 686 691.
6. DYSP MUVATTUPUZHA DEPUTY SUPERINTENDENTS OFFICE NEAR POLICE STATION MUVATTUPUZHA 686 663.
7. REGI, PARACKAL HOUSE, ENANELLOR PO, KALAMPORE MUVATTUPUZHA 686 662.
8. SHAJI N, NADUVELIKUDY HOUSE, MUDAKKUZHA PO PERUMBAVOOR 686 672.
BY ADV. SMT.JISHAMOL CLEETUS, CGC FOR R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.7.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[P.T.O]
WP(C).No. 3521 of 2011 (M)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P2: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE RESIDENTS OF THE LOCALITY BEFORE THE 2ND RESPONDENT ON 22.09.2010
EXT.P3: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER
RESPONDENTS' EXHIBITS:
Nil
// True copy / /
PA to JUDGE
PtK/
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.3521 of 2011 - M ====================== Dated this the 16th day of July, 2015
J U D G M E N T
The petitioner had challenged the illegal blasting of rocks by respondents 7 and 8 and the inaction of the respondents 2 to 6 to take action against them. The writ petition itself was filed in the year 2011 and no steps were taken despite notice having been ordered.
In such circumstance, nothing survives in the writ
petition and the writ petition would stand dismissed.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB
// true copy //
P.A to Judge.
3 issues framed by the court
Whether the writ petition challenging illegal blasting and inaction of respondents survives after no action was taken for four years despite notice.
Whether the delay and inaction warrants dismissal of the petition.
What the outcome is for the writ petition filed in 2011.
PRAKASH, S/O.GOPALAN
THE DIRECTOR OF MINING & GEOLOGY
DISTRICT COLLECTOR, ERNAKULAM
CONTROLLER OF EXPLOSIVES
THE TAHSILDAR, KOTHAMANGALAM
VAREPETTY GRAMA PANCHAYATH
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
