Petitioners sought direction to demarcate Puramboke land before quarrying. Court held reliefs infructuous as quarry operations ceased by 5th respondent; demarcation application to be considered later.
Writ petition dismissed as infructuous as quarry operations ceased.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938
WP(C).No. 32521 of 2006 (V) ----------------------------
PETITIONER(S):
1. LATHEENTHRAN M.N., AGED 40 YEARS, S/O.M.S.NARAYANAN, MADATHUMPADICKAL HOUSE, MUNDATHICODE P.O., THRISSUR (SECRETARY, KODASSERYMALA KSHETHRA SAMITHI TRUST, MUNDATHICODE, THRISSUR- 680595).
2. K.AJITHAKUMAR, S/O.DEVAKIYAMMA, KARUMATHI HOUSE, MUNDATHICODE P.O., THRISSUR- 680595 (CHAIRMAN, ACTION COUNCIL), KODASSERY MALA SAMRAKSHANA SAMITHI, MUNDATHICODE.
3. SUBRAHMONIAN P.S., PARIPPIL HOUSE, VELUR P.O., THRISSUR (REPRESENTING KODASSERY, HARIJAN COLONY, VELUR & MUNDATHICODE.
4. N.P.SREENIVASAN, S/O.PANKUTTY, NEDIYEDATH HOUSE, P.O. MUNDATHICODE, THRISSUR DISTRICT.
5. FRANCIS A.D., S/O.DEVASSY, ARAKKAL HOUSE, VENGILASSERY DESOM, VELUR P.O., THRISSUR- 680 601.
6. JOSEPH A.F., S/O.FRANCIS, ARAKKAL HOUSE, VENGILASSERY DESOM, VELUR P.O., THRISSUR-680 601.
7. DR.K.SREEDHARAN PILLAI, "SREELAKSHMI", CHEMBUKAVU, THRISSUR-20.
BY ADV.SRI.D.SREEKUMAR
RESPONDENT(S):
1. DISTRICT COLLECTOR, AYYANTHOLE, THRISSUR-3.
2. ADDITIONAL DISTRICT MAGISTRATE (ADM), AYYANTHOLE, THRISSUR-3.
PJ
....2/-
..2..
WP(C).No. 32521 of 2006 (V)
3. DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, AYYANTHOLE, THRISSUR-3.
4. TAHSILDAR, THALAPPILLY TALUK, THALUK OFFICE, WADAKKANCHERRY P.O., THRISSUR.
5. TALUK SURVEYOR, THALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERRY, THRISSUR DISTRICT.
6. VILLAGE OFFICER, VELUR VILLAGE, VELUR P.O., THRISSUR DISTRICT.
*** ADDL.R7 IMPLEADED**
7. E.A.ABDUL KAREEM, PROPRIETOR, M/S.UNIVERSAL ROCK PRODUCTS, KILALOOR P.O., VELUR VIA, THRISSUR.
R1-6 2 BY GOVERNMENT PLEADER SRI.S.KANNAN R7 BY ADVS. SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A BY ADV. SMT.SEENA.C, ADVOCATE COMMISSIONER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
SHAJI P. CHALY, J.
W.P.(C) No.32521 of 2006
Dated this the 24th day of November, 2016 JUDGMENT
This writ petition is filed by the petitioners seeking a direction to the respondents to demarcate the Puramboke land situated on the Kodasserymala in Velur Village before issuing any licence to proposed quarry operations there. According to the petitioners, the quarries are functioning encroaching into Government Puramboke land and the petitioners property.
The writ petition is dismissed as infructuous.
Sd/- SHAJI P. CHALY JUDGE
St/24.11.2016
1 issue framed by the court
Whether a direction to demarcate Puramboke land before issuing quarry licenses is maintainable when quarry operations have ceased.
Lathenthiran M.N.
District Collector
Village Officer
E.A. Abdul Kareem
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
