Contempt case closed as later reports from respondents 4, 6, and 7 established compliance with court directions issued in a prior judgment pertaining to quarry inspections. No violation found.
Contempt proceeding dismissed and the case held 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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 13TH DAY OF JUNE 2016/23RD JYAISHTA, 1938
Con.Case(C).No. 544 of 2016 (S)
JUDGMENT DATED 18-06-2015 IN WP(C) 8575/2014
PETITIONER(S)/PETITIONER IN THE WPC:
GEORGE JOHN, S/O.JOHN, AGED 53 YEARS, PUTHENPURACKAL HOUSE, MEENKUNNAM P.O. MARADI PANCHAYATH, MUVATTUPUZHA, PIN - 686 672.
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENT(S)/RESPONDENTS NO.1 TO 7:
1. M.G.RAJAMANIKYAM, AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 682 030.
2. MOHAN PILLAI
AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, PIN - 686 001.
3. GOVINDHAN NAIR,
AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, THE CHIEF MANAGER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, ERNAKULAM, PIN - 682 011.
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4. D.P.SREEKUMAR AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, THE DIRECTOR OF MINING AND GEOLOGY, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM PIN - 695 001. 5. V.B.ABBAS, AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, THE TAHSILDAR, MUVATTUPUZHA, PIN - 686 001. 6. N.ANIL KUMAR, AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, SECRETARY, ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O. PIN - 686 661. 7. SUBHASH J., MAMALASSERY, AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER, THE SECRETARY, MARADI GRAMA PANCHAYATH, MARADI, MUVATTUPUZHA, PIN - 686 672. R BY ADV. SRI.JIBU P. THOMAS R3 BY SRI. M.AJAY, SC R4 BY SENIOR GOVERNMENT PLEADER SRI.C.S.MANILAL R6 BY ADVS. SRI.REJI GEORGE SMT.SIJI JOY R7 BY ADVS. SRI.K.J.KURIACHAN SRI.SUNIL JACOB
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 13-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Con.Case(C).No. 544 of 2016 (S)
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APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE 1: THE CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO.8575/2014 DTD.18.6.2015.
ANNEXURE 2: TRUE COPY OF THE PETITION SENT ON 23.11.2015 ALONG WITH POSTAL RECEIPTS.
RESPONDENT(S)' ANNEXURES:
------------------------
ANNEXURE R4(a): TRUE COPY OF THE LETTER DTD.13.8.2015. ANNEXURE R4(b): TRUE COPY OF THE RELEVANT PORTION OF THE RULES ANNEXURE R4(c): TRUE COPY OF THE REPORT OF INSPECTION DTD.13.8.2015, 25.8.2015, 17.9.2015 AND 9.9.2015. ANNEXUR R4(d): TRUE COPY OF THE REPORT OF INSPECTION DTD.16.10.2015 TO 31.10.2015. ANNEXURE R4(e):TRUE COPY OF THE REPORT OF INSPECTION DTD.1.11.2015 TO 15.11.2015. ANNEXURE R4(f):TRUE COPY OF THE REPORT OF INSPECTION DTD.16.11.2015 TO 30.11.2015. ANNEXURE R4(g):TRUE COPY OF THE REPORT OF INSPECTION DTD.1.12.2015 TO 15.12.2015. ANNEXURE R4(h):TRUE COPY OF THE REPORT OF INSPECTION DTD.16.12.2015 TO 31.12.2015. ANNEXURE R4(i):TRUE COPY OF THE REPORT OF INSPECTION DTD.1.1.2016 TO 15.1.2016. ANNEXURE R4(j):TRUE COPY OF THE REPORT OF INSPECTION DTD.16.1.2016 TO 31.1.2016. ANNEXURE R4(k):TRUE COPY OF THE REPORT OF INSPECTION DTD.1.2.2016 TO 15.2.2016. ANNEXURE R4(l):TRUE COPY OF THE REPORT OF INSPECTION DTD.16.2.2016 TO 29.2.2016.
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Con.Case(C).No. 544 of 2016 (S)
| ANNEXURE R4(m):TRUE COPY OF THE REPORT OF INSPECTION DTD.1.3.2016 TO 15.3.2016. |
|---|
| ANNEXURE R4(n):TRUE COPY OF THE REPORT OF INSPECTION DTD.16.3.2016 TO 31.3.2016. |
| ANNEXURE R4(o):TRUE COPY OF THE REPORT OF INSPECTION DTD.1.4.2016 TO 15.4.2016. |
| ANNEXURE R6(a): A TRUE COPY OF REPORT NO.SLM/201509/1 DTD.30.9.2015 ISSUED TO M/S.HANNA ROCKS PRODUCTS PVT. LTD. IN RESPECT OF QUARRY UNIT NO.2 |
| ANNEXURE R6(b): A TRUE COPY OF REPORT AAM/201509/2 DTD.30.9.2015 ISSUED TO M/S.HANNA ROCKS PRODUCTS PVT. LTD. IN RESPECT OF QUARRY UNIT NO.2. |
| ANNEXURE R6(c): A TRUE COPY OF REPORT SLM/201509/2 DTD.30.9.2015 ISSUED TO M/S.HANNA ROCKS PRODUCTS PVT. LTD. IN RESPECT OF QUARRY UNIT NO.3. |
| ANNEXURE R6(d): A TRUE COPY OF REPORT AAM/201509/2 DTD.30.9.2015 ISSUED TO M/S.HANNA ROCKS PRODUCTS PVT. LTD. IN RESPECT OF QUARRY UNIT NO.4. |
| ANNEXURE R1(a): TRUE COPY OF THE REPORT FROM GEOLOGIST. |
| ANNEXURE R1(b): TRUE COPY OF THE REPORT FROM THE ENVIRONMENTAL ENGINEER. |
| ANNEXURE R1(c): TRUE COPY OF THE REPORT FROM THE REVENUE DIVISIONAL OFFICER. |
| ANNEXURE R1(d): TRUE COPY OF THE REPORT FROM THE TAHSILDAR, MUVATTUPUZHA. |
//TRUE COPY//
P.S.TO JUDGE
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P.V.ASHA, J.
Contempt Case (C) No.544 of 2016 in W.P.(C) No.8575 of 2014
Dated this the 13th day of June, 2016
JUDGMENT
The 4th respondent has filed an affidavit along with reports based on the inspection conducted pursuant to the judgment of this Court. From the affidavit and reports, it is seen that the 4th respondent has complied with the directions. The learned counsel for respondents 6 and 7 also submits that the inspection in tune with the direction in the judgment are being conducted. The learned counsel for the Pollution Control Board submits that with the available manpower in their office, there may be all efforts to see that the directions are complied with. From the reports, it is clear that there is no violation of the directions contained in the judgment. Hence the contempt case is closed.
Sd/- P.V.ASHA JUDGE
rkc
George John
M.G. Rajamanikyam
Mohan Pillai
Govindhan Nair
D.P. Sreekumar
V.B. Abbas
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
