This is a contempt case regarding non-compliance with an order stopping quarrying. The court found that the respondent had obtained a valid quarrying permit. Consequently, the interim order vacating the ban was lifted, and the contempt case was closed.
Interim order dated 4/12/2015 vacated; Contempt case closed.
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 A.M.SHAFFIQUE
THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937
Con.Case(C).No. 1699 of 2015 (S) IN WP(C).11640/2013
AGAINST THE ORDER/JUDGMENT IN WP(C) 11640/2013 of HIGH COURT OF KERALA DATED 05-06-2014
PETITIONER(S)/PETITIONER:
M.SUDHAKARAN AGED 40 YEARS S/O.VELAYUDHAN, MANIYAMVEETIL HOUSE, PANDAMANGALAM P.O.KOTTAKKAL, MALAPPURAM-676503.
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT(S)/2ND RESPONDENT:
1. MR. MANJITH LAL (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) SUB INSPECTOR OF POLICE, KOTTAKKAL MALAPPURAM DISTRICT-676503.
Addl.2. MOHANAN , AGED 51 YEARS, S/O.VELAYUDHAN, MANIYAMBEETTIL HOUSE, PANDAMANGALAM KOTTAKKAL PO., PIN - 676 503, TIRUR TALUK MALAPPURAM DISTRICT.
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 04.02.2016 IN IA 39/16.)
RADDL.2 BY ADV. SRI.JAMSHEED HAFIZ R1 BY SR GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC NO.1699/15
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE A1: CERTIFIED COPY OF THE JUDGMENT IN WPC NO.11640/2013 DATED 5/6/2014 OF THIS HON'BLE COURT.
ANNEXURE A2: TRUE COPY OF THE COMPLAINT DATED 5/10/2015 FILED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH ITS RECEIPT ISSUED BY THE RESPONDENT.
EXTS. OF R2
ANNEXURE 1: A TRUE COPY OF THE BUILDING PERMIT ISSUED BYTHEKOTTAKKAL MUNICIPALITY DATED 13/07/2015.
ANNEXURE 2: A TRUE COPY OF THE PERMISSION ISSUED BYTHE R.D.O.TIRUR DATED 14.5.2015.
ANNEXURE 3: A TRUE COPY OF THE PERMIT OBTAINED FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED 12.10.2015.
ANNEXURE 4: A TRUE COPY OF THE ORDER IN APPLICATION FOR D & O LICENSE BY THE KOTTAKKAL MUNICIPALITY DATED 3.10.2015.
ANNEXURE 5: A TRUE COPY OF THE QUARRYING PERMIT OBTAINED FROM THE MINING AND GEOLOGY DISTRICT OFFICE MALAPPURAM DATED 28.9.2015.
//True Copy//
PS to Judge
Rp
A.M. SHAFFIQUE, J.
============ Contempt Case (Civil) No.1699 of 2015
=========================
Dated this, the 4th day of February, 2016
J U D G M E N T
This contempt case has been filed alleging non compliance of the directions issued by this Court as per judgment dated 5/6/2014 in WP(C) No. 11640/2013 by which this Court allowed the writ petition directing the respondent authorities to ensure that the party respondent does not conduct any quarrying operation in the land without proper permission from the statutory authorities.
C.C.C. No.1699 of 2015
-:2:-
It is apparent from the above that the petitioner had obtained the said permit. Under such circumstances, I do not think it necessary to continue the interim order dated 4/12/2015 and accordingly, the same is vacated.
In the said circumstances, I do not find it necessary to continue this contempt case and, accordingly, it is closed.
A.M. SHAFFIQUE, JUDGE
Rp 04/02/2016
2 issues framed by the court
Whether the interim order stopping quarrying operations should be continued after the respondent obtained a mining permit.
Whether the existence of the mining permit justifies closing the contempt case against non-compliance.
M.SUDHAKARAN
MR. MANJITH LAL
MOHANAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
