Petitioner filed a contempt case alleging violation of court directions regarding excavation. Court found no reliable evidence of continued illegal activity and closed the case without prejudice to future filings.
Contempt case closed without prejudice to right to move court afresh upon proof of future illegal excavation.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
CON.CASE(C) NO. 447 OF 2021
AGAINST THE JUDGMENT DATED 16.06.2020 IN W.P. (C)NO.41128/2016 OF THE HIGH COURT OF KERALA
PETITIONER:
P.K.PONNAMMA, AGED 72 YEARS, D/O. LATE PARAMESWARAN NAIR, KRISHNA VILASOM, IVERKALA KIZHAKKU P.O., PUTHOOR VIA, KUNNATHOOR, KOLLAM. BY ADV B.MOHANLAL
RESPONDENTS:
4 A.ANOOP, FATHER'S NAME AND AGED NOT KNOWN TO THIS PETITIONER,THE STATION HOUSE OFFICER, SASTHAMCOTTAH POLICE STATION, SASTHAMCOTTAH, KOLLAM-690521. BY ADVS. GOVERNMENT PLEADER SRI.NAVEEN.T DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN SMT MAYA M.N- GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has filed this Contempt Case, alleging willful disobedience of the directions contained in Annexure A11 judgment of this Court dated 16.06.2020 in W.P. (C)No.41128 of 2016, whereby that writ petition was disposed of with the following directions;
for consideration, the 3rd respondent, who is the Secretary of Kunnathoor Grama Panchayat, has filed counter affidavit. The petitioner was directed to file reply affidavit, if any. The
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learned Government Pleader was directed to get instructions from respondents 1 and 4, namely, the Senior Geologist, Mining and Geology Department, Kollam, and the Station House Officer, Sasthamcottah Police Station; and the learned Standing Counsel for the Pollution Control Board was directed to get instructions from the 2nd respondent Environmental Engineer, Kerala State Pollution Control Board, District Office, Kollam. The 2nd respondent Environmental Engineer has filed affidavit on 20.03.2021 and the 1st respondent Senior Geologist has filed affidavit on 15.03.2021.
Cont.case(c)447 OF 2021 4
officials in November, 2020, were found to be levelled in the inspection conducted on 01.03.2021.
Cont.case(c)447 OF 2021 5
Kunnathoor Grama Panchayat for the 3rd respondent.
Court for nearly 4 years. At the time of disposal of that writ petition, by Annexure A11 judgment dated 16.06.2020, no reliable materials were placed on record by the petitioner, in order to show that, in violation of the interim order dated 21.12.2016, the official respondents have permitted the party respondents to excavate earth/clay illegally from the property in question. In Annexure A11 judgment, this Court noticed the stand taken by the official respondents, in their counter affidavits that, after 30.06.2016, the brick manufacturing unit
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of the 10th respondent therein has not applied for renewal of integrated consent to operate. This Court has also noticed the submission made by the learned counsel for the party respondents that they are not undertaking any excavation of clay from the property owned by the 8th respondent therein and that, they are presently conducting a fish farm in that property and that, the excavated clay is also lying in the very same property. It was after considering the submissions made by the learned counsel on both sides that W.P.(C)No.41128 of 2016 was disposed of by Annexure A11 judgment, with the directions contained therein.
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respondents is that, they have taken necessary steps to ensure strict compliance of the directions contained in that judgment.
In the above circumstances, I find no reason to proceed with this contempt case and the same is accordingly closed; however, without prejudice to the right of the petitioner to move this Court afresh, in case there is illegal excavation of earth/clay from the property in question, without obtaining necessary permission/consent from the statutory authorities.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
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APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE A1 | THE TRUE COPY OF THE TAX RECEIPT DATED 16.12.2016 ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR IN RESPECT OF THE PETITIONER'S PROPERTY FOR THE YEAR 2016-2017. |
|---|---|
| ANNEXURE A2 | THE TRUE COPY OF ORDER NO.920/DOQ/S1/2007 DATED 17.2.2007 ISSUED BY THE GEOLOGIST, KOLLAM TO THE TAHASILDAR, KUNNATHOOR. |
| ANNEXURE A3 | THE TRUE COPY OF THE ORDER NO.DOQ/S2/1704/2012 DATED 1.6.2012 ISSUED BY THE 1ST RESPONDENT TO SRI.MADHUSOODANAN PILLAI. |
| ANNEXURE A4 | THE TRUE COPY OF THE ORDER NO.L 10- 12425/07 DATED 1.12.2012 ISSUED BY THE DISTRICT COLLECTOR, KOLLAM AS PER THE DIRECTIONS OF THIS HON'BLE COURT IN W.P.(C) NO.7085/2007. |
| ANNEXURE A5 | THE TRUE COPY OF THE STOP MEMO ORDER NO.02/2016 DATED 17.8.2016 ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR. |
| ANNEXURE A6 | THE TRUE PHOTOGRAPH OF THE CLAY AND EARTH DUMPED BY THE 5TH RESPONDENT IN HIS BRICKS UNIT M/S. KARAKKAT BRICKS. |
| ANNEXURE A7 | THE TRUE COPY OF THE INTERIM ORDER DATED 21.12.2016 IN WP(C) NO.41128/2016 OF THIS HON'BLE COURT. |
| ANNEXURE A8 | THE TRUE COPY OF THE ORDER NO.FFDA/2019-20 DATED 28.5.2019 OF THE DEPUTY DIRECTOR, FISHERIES DEPARTMENT, KOLLAM TO THE 5TH RESPONDENT. |
| ANNEXURE A9 | THE TRUE COPY OF THE MASS COMPLAINT DATED 28.2.2020 FILED BY THE PETITIONER ALONG WITH THE PEOPLE OF THE LOCALITY BEFORE THE DISTRICT COLLECTOR, KOLLAM. |
| ANNEXURE A10 | THE TRUE COPY OF THE ORDER NO.F.F.D.A./JMK-112020-21 DATED 19.5.2020 OF THE DEPUTY DIRECTOR, FISHERIES DEPARTMENT, KOLLAM TO THE 5TH RESPONDENT. |
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ANNEXURE A11 THE TRUE CERTIFIED COPY OF THE JUDGMENT DATED 16.6.2020 IN WP(C) NO.41128/2016 OF THIS HON'BLE COURT. ANNEXURE A12 THE TRUE COPY OF THE QUESTION AND REPLY NO.K/1912/2020 DATED 27.8.2020 OBTAINED BY THE PETITIONER FROM THE DEPUTY DIRECTOR, FISHERIES DEPARTMENT, KOLLAM UNDER RIGHT TO INFORMATION ACT. ANNEXURE A13 THE TRUE COPY OF THE APPLICATION DATED 31.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 3 AND 4 AND THE DY.S.P., VIGILANCE AND ANTI-CORRUPTION BUREAU, KOLLAM AND ITS POSTAL ACKNOWLEDGEMENT CARD.
ANNEXURE A14
THE TRUE PHOTOGRAPH OF THE PROPERTY AND THE EXCAVATION OF THE EARTH AND CLAY CARRIED OUT BY THE PARTY RESPONDENTS IN THEIR PROPERTY IN KUNNATHOOR VILLAGE.
1ST RESPONDENT'S ANNEXURES:
ANNEXURE R1(A) TO COPY OF PHOTOGRAPHS. R1(E)
2ND RESPONDENT'S ANNEXURES:
ANNEXURE R2(A) TRUE COPY OF THE CONSENT TO OPERATE ISSSUED BY THE PCB TO THE UNIT. ANNEXURE R2(B) TRUE COPY OF THE COMMUNICATION DATED 08.03.2021 ISSEUD BY THE PCB TO THE PANCHAYAT AND THE GEOLOGIST.
ANNEXURE R2(C) TRUE COPY OF THE COMMUNICATION DATED 08.03.2021 ISSEUD BY THE PCB TO RESPONDENTS 8 TO 10 IN THE WPC. ANNEXURE R2(D) PHOTOGRAPHS OF THE SITE.
3RD RESPONDENT'S ANNEXURES:
ANNEXURE R3(A) TRUE COPY OF THE NOTICE GIVEN TO THE 8TH RESPONDENT DATED 05.01.2021. ANNEXURE R3(B) TRUE COPY OF THE REPLY GIVEN BY THE 8TH RESPONDENT DATED 10.01.2021.
3 issues framed by the court
Whether the official respondents failed to take action against illegal excavation or unauthorized excavation was found.
Whether sufficient evidence existed to proceed with a contempt proceeding for violation of earlier directions.
Whether the petitioner could move this Court afresh if illegal excavation is discovered in the future.
P.K.PONNAMMA
SUGATHA PRADEEP
P.SINI
S.SIVAKUMAR
A.ANOOP
ANIL K.NARENDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
