Dismissed

Shaji S. v. the District Collector

Kerala HC10 Jul 2019WP(C)/14164/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition as withdrawn by the petitioner. The petitioner, a quarry operator, sought to quash a Tribunal order amidst a dispute over establishment permits. Upon the petitioner's request to withdraw after the Tribunal dismissed the related appeal, the court allowed withdrawal and vacated the interim stay.

What did the court decide?

Withdrawal of the writ petition allowed; interim stay order stood vacated.

Shaji S. Vs the District Collector — Writ and Judicial Review | Kerala HC (2019)

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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 ANIL K.NARENDRAN

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WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941

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WP(C).No.14164 of 2019

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PETITIONER/S:

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SHAJI S., AGED 52 YEARS, S/O.SOMANATHAN, THEKKUVILA MELETHIL VEEDU, KUDAVATTOOR(P.O.), VELIYAM, KOLLAM.

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BY ADV. SRI.JOBI JOSE KONDODY

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM-691 013.

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2 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE(P.O.), THIRUVANANTHAPURAM-695 004.

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3 THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, KESAVA NIKETHAN, ASRAMAM(P.O.), KOLLAM-691 008.

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4 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, USHUS BUILDING, BIG BAZAR, KOLLAM-691 001.

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5 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO), KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR, CSEZ(P.O.), KAKKANAD, ERNAKULAM-682 037.

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6 THE CHADAYAMANGALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHADAYAMANGALAM(P.O.), KOLLAM-691 534.

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7 THE SECRETARY, CHADAYAMANGALAM GRAMA PANCHAYAT, CHADAYAMANGALM(P.O.), KOLLAM-691 534.

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W.P.(C).14164/2019

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8 V.O.SAJAN, S/O.VELAYUDHAN PILLAI, SREE MANDIRAM, CHADAYAMANGALAM(P.O.), KOLLAM-691 534.

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9 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REPRESENTED BY ITS SECRETARY, DISTRICT COURT COMPLEX, VANCHIYOOR, THIRUVANANTHAPURAM-695 035.

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BY ADVS. MR.B.PRAMOD, CGC SRI.K.SIJU SMT.S.SEETHA

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OTHER PRESENT:

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SRI T.NAVEEN- STANDING COUNSEL; SRI K.P.HARISH- SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).14164/2019

JUDGMENT

The petitioner who was running a quarry for mining building stones in 3.4310 Hectares of land comprised in Survey Nos.328/3, 328/2-1(p),

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328/2-2(p), 326/1-1, 326/1-2, 326/2(p), 325/2, 325/4 and 325/5 of Chadayamangalam Village in Kottarakkara Taluk has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P15 order dated 10.05.2019 of the Tribunal for Local Self Government Institutions in I.A.No.770 of 2019 in Appeal No.324 of 2019. The petitioner has also sought for a writ of mandamus commanding the 9^th respondent Tribunal to relegate Ext.P14 appeal to the 6^th respondent Grama Panchayath, in view of the provisions under sub-section (1) of Section 276 of the Kerala Panchayath Raj Act, 1994.

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W.P.(C).14164/2019

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came up for admission the learned Government

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Pleader took notice on admission for respondents

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1 to 3. The learned Standing Counsel for the Pollution Control Board took notice on admission for the 4^th respondent. The learned Assistant Solicitor General of India took notice on admission for the 5^th respondent. Urgent notice on admission by special messenger was ordered to respondents 6 to 8, returnable by 30.05.2019.

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On 11.06.2019, when this writ petition

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came up for consideration this Court passed the following order:

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“Despite service of notice, none appears for the eighth respondent.

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A counter affidavit has been filed by respondents 6 and 7. Paragraph 5 of the said counter affidavit reads thus:-

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“It is submitted that the 8^th

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respondent, who had submitted representations/objections against the renewal of license to the petitioner's quarry had approached the Tribunal for

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W.P.(C).14164/2019

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Local Self Government by filing Appeal No. 324/2019 against Ext.P12 passed under 233(4) of the Panchayat Raj Act. There was a clerical mistake crept while issuing Ext.P12 wherein the reference regarding the relevant provision of law under Panchayat Raj Act was mistakenly entered as 223(4) instead of 233(4). The 8^th respondent raised many grounds including the authority of the Panchayat u/s. 223(4) to issue Ext.P12 order. The Tribunal passed Ext.P15 before notice to the Panchayat as an interim order.”

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Along with the counter affidavit, respondents 6 and 7 have also produced Ext.R7(a) report dated 27.03.2019 of the seventh respondent, who is the Secretary of the sixth respondent Grama Panchayat, under Section 233(2) of the Kerala Panchayat Raj Act, 1994. The averment in paragraph 3 of the counter affidavit is that the Panchayat Committee held on 04.04.2019 considered the report of the seventh respondent, other licenses and permits issued by the statutory authorities and decided to grant establishment permit and also authorised the Secretary to issue necessary orders.

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In such circumstances, there will be an interim stay of Ext.P15 order, dated

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W.P.(C).14164/2019

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10.05.2019 in I.A. No. 770/2019 in Appeal No.324/2019 on the file of the Tribunal for Local Self Government Institutions, Thiruvananthapuram, for a period of one month.”

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Today when the case is taken up for consideration, the learned counsel for the

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petitioner would submit that the Tribunal for

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Local Self Government Institutions, by order

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dated 03.07.2019, dismissed Appeal No.324 of 2019 as not pressed. Copy of the order of the

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Tribunal is also made available for the perusal of this Court.

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In such circumstances, the learned counsel

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for the petitioner seeks permission to withdraw this writ petition.

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Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.

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Consequently, the interim order granted on

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11.06.2019, staying the operation of Ext.P15

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W.P.(C).14164/2019

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order of the Tribunal in I.A.No.770 of 2019,

will stand vacated.

Sd/-

ANIL K.NARENDRAN

JUDGE

W.P.(C).14164/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ENVIRONMENTAL
	CLEARANCE ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA DATED 01.06.2016 HAVING VALIDITY UPTO 31.05.2021.
EXHIBIT P2	A TRUE COPY OF THE ORDER DATED 21.12.2016 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY.
EXHIBIT P3	A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED07.11.2014 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
EXHIBIT P4	A TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER DATED 14.07.2016 VALID UPTO 31.11.2018.
EXHIBIT P5	A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL FOR OPERATING THE QUARRY OF THE PETITIONER ISSUED BY THE FOURTH RESPONDENT ON 16.11.2018 VALID UPTO 31.05.2021.
EXHIBIT P6	A TRUE COPY OF THE FORM LE-3 LICENSE ISSUED BY THE FIFTH RESPONDENT TO THE PETITIONER ON 04.10.2013 RENEWED ON 29.01.2019 VALID UPTO 31.03.2023.
EXHIBIT P7	A TRUE COPY OF THE APPLICATION DATED 14.07.2016 FILED BY THE PETITIONER BEFORE THE SEVENTH RESPONDENT.
EXHIBIT P8	A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE PANCHAYAT COMMITTEE OF THE SIXTH RESPONDENT GRAMA PANCHAYAT HELD ON 28.07.2016.
EXHIBIT P9	A TRUE COPY OF THE D & O LICENSE DATED 30.07.2016 ISSUED BY THE SEVENTH RESPONDENT UNDER SECTION 232 OF THE KERALA PANCHAYAT RAJ ACT, 1994 FOR THE YEAR 2016-2017.

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W.P.(C).14164/2019

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EXHIBIT P10	A TRUE COPY OF THE QUARRYING LEASE DATED 14.11.2016 VALID UPTO 06.11.2024 EXECUTED BETWEEN THE PETITIONER AND THE STATE GOVERNMENT FOR MINING BUILDING STONES FROM 3.4310 HECTARES OF LAND COMPRISED IN SURVEY NOS.328/2-1(P), 328/2-2(P), 326/1-1, 326/1-2, 326/2(P), 325/2, 325/4, 325/5, AND 328/3 OF CHADAYAMANGALAM VILLAGE IN KOTTARAKKARA TALUK OF KOLLAM DISTRICT.
EXHIBIT P11	A TRUE COPY OF THE LETTER DATED 04.04.2019 ISSUED BY THE SEVENTH RESPONDENT TO THE FIRST RESPONDENT.
EXHIBIT P12	A TRUE COPY OF THE PROCEEDINGS DATED 06.04.2019 OF THE SEVENTH RESPONDENT.
EXHIBIT P13	A TRUE COPY OF THE D & O LICENSE DATED 09.04.2019 ISSUED BY THE SEVENTH RESPONDENT TO THE PETITIONER VALID UPTO 31.03.2020.
EXHIBIT P14	A TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.324 OF 2019 DATED 09.05.2019 WITHOUT EXHIBITS FILED BY THE EIGHTH RESPONDENT BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
EXHIBIT P15	A TRUE COPY OF THE STAY ORDER DATED 10.05.2019 IN I.A.NO.770 OF 2019 IN APPEAL NO.324 OF 2019 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P16	A TRUE COPY OF THE DECISION OF THE COMMITTEE MEETING OF THE SIXTH RESPONDENT HELD ON 31.03.2018
EXHIBIT P17	A TRUE COPY OF THE D & O LICENSE DATED 05.04.2018 ISSUED BY THE SEVENTH RESPONDENT TO THE PETITIONER FOR THE FINANCIAL YEAR 2018-2019.
EXHIBIT P18	A TRUE COPY OF THE DECISION NO.2/1 OF THE SIXTH RESPONDENT PANCHAYAT COMMITTEE DATED 04.04.2019

Shaji S. v. the District Collector

Case brief

What is this about?

What did the court decide?

Shaji S. v. the District Collector

Case brief

What is this about?

What did the court decide?

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