Disposed

T.L. Joy v. District Collector

Kerala HC19 Dec 2016WP(C)/12923/2009

Case brief

AI extract

What is this about?

Petitioner sought direction to prevent clay mining by the 8th respondent. The Court noted the 3rd respondent clarified no such permission was granted. The petition was disposed of by reserving liberty to initiate action if violations occur, with no costs awarded.

What did the court decide?

Directed respondents to restrict future mining if it occurs with liberty to initiate action. No costs awarded.

T.L. Joy Vs District Collector — Environment and Pollution | Kerala HC (2016)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938

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WP(C).No. 12923 of 2009 (I)

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PETITIONER(S):

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T.L. JOY, AGED 42 YEARS, S/O. LAZER, THRITHANI HOUSE, CHENGALLUR VILLAGE.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, THRISSUR,

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2. THE REVENUE DIVISIONAL OFFICER, THRISSUR.

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3. VILLAGE OFFICER, CHENGALLUR VILLAGE, THRISSUR.

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4. CIRCLE INSPECTOR OF POLICE, PUDUKKAD POLICE STATION.

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5. GEOLOGIST, MINING AND GEOLOGY DEPT. PALACE ROAD, THRISSUR.

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6. POLLUTION CONTROL BOARD REP. BY REGIONAL ENGINEER, POLLUTION CONTROL BOARD, THRISSUR.

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7. PUDUKKAD GRAMAPANCHAYAT REP. BY ITS SECRETARY, PUDUKKAD, THRISSUR.

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8. SARASWATHY, KAILASAMANGALAM HOUSE, CHENGALLUR, THRISSUR.

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R7 BY ADV. SMT.P.A.ANITHA R6 BY ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLLUTION CONTROL BOARD

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R1 TO R5 BY SRI.C.K.PRASAD, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12923 of 2009 (I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE NEWS PAPER REPORT PUBLISHED ON 11.05.2008 IN MATHRUBHUMY DAILY.

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EXT.P2: COPY OF THE REPRESENTATION FILED BY KEERTHI VANITHA SANGHAM.

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EXT.P3: COPY OF THE JUDGMENT IN W.P.C.NO.7547/2009.

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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DEVAN RAMACHANDRAN, J.

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W.P.C.No.12923 of 2009

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Dated this the 19^th day of December, 2016

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J U D G M E N T

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The petitioner has approached this Court for a direction to respondents 1 to 7 to ensure that the 8^th respondent or her men do not mine clay from the Mukkam Chal Padasekharam in violation of the Kerala Paddy Field and Wetland Conservation Act, 2008 (hereinafter referred to as 'Act', for short) or the the Kerala Land Utilization order ( hereinafter referred to as 'KLU order', for short).

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A counter affidavit has been filed by the 3^rd respondent and he has said very specially that no such permission has been granted to the 8^th respondent and that she has not been permitted to extract clay from the padasekharam as has been apprehended by the petitioner. Recording this and in view of the submissions made by the learned Government Pleader in consonance with the averments in the counter affidavit, I order this writ petition reserving liberty to the petitioner to initiate any

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W.P.C.No.12923/2009

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action as he is advised if the 8^th respondent mines or attempts to mine clay in violation of the applicable laws.

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In the facts and circumstances of this case, I order no costs

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and the parties are directed to suffer the respective costs.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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TRUE COPY

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P.A TO JUDGE

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T.L. Joy v. District Collector

Case brief

What is this about?

What did the court decide?

T.L. Joy v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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