The writ petition seeking removal of ordinary earth was dismissed as withdrawn. The court noted environmental clearance was denied by DEIAA, negating the need to consider the District Collector's inaction.
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 SHAJI P.CHALY
FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940
WP(C).No. 6658 of 2018
PETITIONER/S:
PUSHPAVALLY, AGED 45 YEARS, W/O. LATE BHASKARAN NAIR,ELLUVILAYIL (CEHTTIYARATHU), PUTHENCHANDA P.O.,VALLIKUNNAM VILLAGE, MAVELIKARA TALUK,ALAPUZHA DISTRICT.
BY ADVS.
SRI.P.R.HARIKUMAR SRI.ANANTHU S. HARI
RESPONDENT/S:
1 DISTRICT COLLECTOR, ALAPPUZHA - 688 001.
R1 TO R3 BY SMT. RAJI T BHASKER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6658 of 2018 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
“1) Issue a writ of mandamus or any other appropriate order or direction to the first respondent to pass an order on Exhibit P4 on the basis of Exhibit P3 order as expeditiously as possible.
2) Issue such other writ, order or direction which this Hon'ble court deems fit to grant to the facts and circumstances of the case.”
WP(C).No. 6658 of 2018 3
point in retaining this writ petition in the files of this court, since if at all, anything is surviving based on Ext.P4, the same cannot be considered on account of the denial of environmental clearance to the petitioner. Therefore, at that point of time, learned counsel for the petitioner sought permission to withdraw the writ petition to prefer appropriate challenge against the order passed by DEIAA.
Therefore, the writ petition is dismissed as withdrawn.
Sd/-
SHAJI P.CHALY
JUDGE
uu 03.11.2018
WP(C).No. 6658 of 2018 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITIONERS APPLICATION TO THE SECOND RESPONDENT DATED 19.02.2017. EXHIBIT P2 TRUE COPY OF JUDGMENT IN WP(C) 12460 OF 2017.
EXHIBIT P3 TRUE COPY OF THE ORDER BY THE SECOND RESPONDENT DATED 18.05.2017. EXHIBIT P4 TRUE COPY OF THE APPLICATION BY THE PETITIONER TO THE DIST. COLLECTOR, ALAPUZHA DATED 29.05.2017.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether to retain the writ petition seeking permission for removal of ordinary earth after environmental clearance was denied by DEIAA.
Pushpavally
District Collector, Alappuzha
District Geologist, Mining and Geology
State of Kerala
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
