Disposed

Mohanan K.K. v. Senior Geologist

Kerala HC18 Feb 2020WP(C)/3433/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a mandamus directing the Senior Geologist to investigate complaints of illegal mining of laterite stone on the fifth respondent's property and take necessary action. The court ordered the Geologist to conduct enquiries, afford an opportunity of being heard, and render a decision within 6-8 weeks.

What did the court decide?

Direction to the Senior Geologist to conduct an enquiry into the Ext.P3 complaint, afford opportunity of being heard, and render a decision within 6-8 weeks.

Mohanan K.K. Vs Senior Geologist — Mining and Natural Resources | Kerala HC (2020)

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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 ALEXANDER THOMAS

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TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941

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WP(C).No.3433 OF 2020(D)

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PETITIONER/S:

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MOHANAN K.K. AGED 52 YEARS S/O.UNNI CHATHAN, KARIYATHAM KOTTAMMAL HOUSE, OLVATTUR P.O., PULIKKAL VILLAGE, KODOTTY TALUK, MALAPPURAM DISTRICT-673637.

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BY ADV. SRI.K.MOHAMMED RAFEEQ

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RESPONDENT/S:

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1 SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, MINI CIVIL STATION, MANJERY, MALAPPURAM DISTRICT-676517.

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2 THE VILLAGE OFFICER, PULIKKAL VILLAGE, ALUNGAL-VALIYAPARAMBA PULIKKAL, ERNAKULAM DISTRICT, PIN-673637.

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3 THE SECRETARY, PULIKKAL GRAMA PANCHAYATH, ALUNGAL-VALIYAPARAMBA PULIKKAL, ERNAKULAM DISTRICT, PIN-673637.

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4 SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT-673637.

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5 VELAYUDHAN P., AGED 46 YEARS S/O.KARIYTHAN, KARIYATHAM KOTTAMMAL HOUSE, OLVATTUR P.O., PULIKKAL VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT.

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OTHER PRESENT:

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K.J.MANU RAJ G.P., R.RAMDAS, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3433 OF 2020(D)

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ALEXANDER THOMAS, J.

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W.P.(C.) No.3433 of 2020

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Dated this the 18^th day of February, 2020

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JUDGMENT

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The prayers in the above W.P.(C.) are as follows :

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1. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents No.1 to 4 to consider the Ext.P3 complaint to stop the excavation and mining of laterite stone from the property of the fifth respondent within a reasonable period fixed by this Honourable Court.

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2. Direct the first respondent to take necessary action against the fifth respondent.

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3. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case.”

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Heard Sri.K.Mohammed Rafeeq, learned counsel appearing for

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the petitioner, Sri.K.J.Manuraj, learned Government Pleader appearing for respondents 1, 2 and 4 and Sri. R.Ramdas, learned standing counsel appearing for R3 (Pulikkal Grama Panchayat). In the nature of the orders proposed to pass in this petition, the notice for R5 will stand dispensed with.

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After hearing both sides and taking note of the facts and circumstances of this case as disclosed in pleadings and materials on record, it is ordered that the 1^st respondent, senior Geologist, Malappuram district will take up the matters raised in Ext.P3 complaint and after conducting necessary enquiries thereon and after furnishing copies of the said enquiry report of the petitioner in advance, after affording reasonable opportunity of being heard to the petitioner and the 5^th respondent through

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WP(C).No.3433 OF 2020(D)

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the authorised representative/counsel, if any, the 1^st respondent will render a considered decision in the matters raised in Ext.P3 complaint, without much delay, preferably within a period of 6-8 weeks from the date of production of a certified copy of this judgment.

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With these observations and directions, the above W.P.(C.) will stand disposed of.

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sd/-

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ALEXANDER THOMAS,

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JUDGE

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SKS

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WP(C).No.3433 OF 2020(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 21.07.2019 ISSUED	TAX RECEIPT DATED BY THE SECOND RESPONDENT.
EXHIBIT P1(A)	TRUE COPY OF THE EXHIBIT P1.	ENGLISH TRANSLATION OF
EXHIBIT P2	TRUE COPY OF THE 06.03.2019 ISSUED	TAX RECEIPT DATED BY THE SECOND RESPONDENT.
EXHIBIT P2(A)	TRUE COPY OF THE EXHIBIT P2.	ENGLISH TRANSLATION OF
EXHIBIT P3	TRUE COPY OF THE SUBMITTED BY THE FIRST RESPONDENT SECOND, THIRD AND	COMPLAINT 20.01.2020 PETITIONER BEFORE THE ALONG WITH THE COPIES OF FOURTH RESPONDENT.
EXHIBIT P3(A)	TRUE COPY OF THE ISSUED BY THE FIR	RECEIPT DATED 20.01.2020 ST RESPONDENT.
EXHIBIT P3(AI)	TRUE COPY OF THE EXHIBIT P3A RECEI	ENGLISH TRANSLATION OF PT.
EXHIBIT P3(B)	TRUE COPY OF THE ACKNOWLEDGED BY T 20.01.2020.	EXHIBIT P3 COMPLAINT WHICH HE SECOND RESPONDENT ON
EXHIBIT P3(C)	TRUE COPY OF THE ISSUED BY THE THI	RECEIPT DATED 20.01.2020 RD RESPONDENT.

Mohanan K.K. v. Senior Geologist

Case brief

What is this about?

What did the court decide?

Mohanan K.K. v. Senior Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

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