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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 14TH DAY OF AUGUST 2020 / 23RD SRAVANA, 1942
WP(C).No.36551 OF 2017(T)
PETITIONER:
ANIL RAGHAVAN, S/O. RAGHAVAN, MATTAPALLIL (THIRUVATHIRA) HOUSE, ANDOOR P.O.,VALAKAM, KOLLAM DIST.
BY ADVS. SRI.C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN
RESPONDENTS:
1 DISTRICT COLLECTOR, (DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY) DEIAA, COLLECTORATE, KOLLAM - 691 013.
2 MEMBER SECRETARY DEIAA AND SUB COLLECTOR, KOLLAM - 691 013.
4 ANOOP DAMODHARAN, CHERIYAN VARKEY CONSTRUCTION COMPANY, 6TH FLOOR,ALFA PLAZA, K.P VALLON ROAD, KADAVANTHARA, COCHIN - 682 020.
5 SUBHAG SUNDHAR, PONPUZHA VEEDU, MYLAPRA, PATHANAMTHITTA - 689 671. (DELETED)
6 JAYASREE, PONPUZHA VEEDU, MYLAPRA, PATHANAMTHITTA - 689 671. (DELETED) (R5 AND R6 DELETED FROM THE PARTY ARRAY AT THE RISK AND COST OF THE PETITIONER AS PER ORDER DATED 22/01/2019 IN IA.NO.01/2019)
R1, R3 BY GOVERNMENT PLEADER
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OTHER PRESENT:
SR.GP - SMT. AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-07-2020, THE COURT ON 14-08-2020 DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is stated to be a contractor, who had entered into a contract for supplying earth for the construction of roads, leveling of properties, etc., has filed this writ petition under Article 226 of the Constitution of India, seeking writ of mandamus or any other appropriate writ order or direction commanding the 3rd respondent to issue transit passes for transporting the balance quantity of earth to the worksite of the 4th respondent to transport the excess earth to any other land within the Kollam district for the construction of road, building, etc. and in other lands which are not either paddy land or wetland as per the BTR and not included in the Data Bank; and to declare that the petitioner is entitled to quarry and transport earth for which he had remitted the royalty.
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opposing the reliefs sought for in this writ petition. Paragraphs 2 to 6 of the counter affidavit read thus:
“2. The 6th respondent was granted a Quarrying permit No.2/2017-18/OE/QP/985/DOQ/S2/2017) by this office to extract and remove 37000 MT of ordinary earth from Sy. Nos. 198/1-2, 195/6, 198/5 of Block No. 42 in Chadayamangalam Village, Kottarakkara Taluk, Kollam from 02.05.2017 to 22.05.2017, based on the Environment Clearance Certificate (A/DEIAA/21167/16) granted by District Environment Impact Assessement Authority, Kollam. In the Environment Clearnace, it is specifically mentioned that the earth removed from the property of Smt.Jayasree should be used for the construction of NH Bypass, Kollam only. The validity of the Environment Clearance Certificate granted on 23.03.2017 expired on 22.05.2017.
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property shall be used for the construction of Kollam Mevaram – Kavanad Bypass. A true copy of the affidavit filed by the 6th respondent is produced herewith and marked as Exhibit R3(a). Thus, initially the 6th respondent was issued with quarrying permit from 27.04.2017 to 22.05.2017. Thereafter, even though EC was extended by Exhibit P4 order, the 6th respondent did not collect the quarrying permit from this office till now.
the learned counsel for the petitioner seeks permission to withdraw
the same, since the petitioner is not interested in prosecuting the matter further.
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Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K NARENDRAN
JUDGE
MIN
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE AGREEMENT DATED 22/03/2017.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE CHALAN RECEIPT SHOWING THE PAYMENT.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT DATED 11/09/2017.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 13/09/2017 IN FAVOUR OF THE 5TH RESPONDENT.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE LETTER DATED 13/07/2017
RESPONDENT'S EXHIBIT:
EXHIBIT R3(A) A TRUE COPY OF THE AFFIDAVIT FILED BY THE 6TH RESPONDENT
Anil Raghavan
District Collector, Kollam
Member Secretary DEIAA and Sub Collector, Kollam
The Geologist, Department of Mining and Geology
Anoop Damodharan
Subhag Sundhar
Anil K.Nandrean
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
