This writ petition was disposed of on 27.01.2021. The court dismissed the petition as withdrawn following a memo filed by the petitioner's counsel. No substantive legal reasoning or application of law is present in the text.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
WP(C).No.22595 OF 2020(Y)
PETITIONER:
T.G.SANTHOSH AGED 44 YEARS THEKKILAKATTIL HOUSE, ELAMKAD P O, VALIYANTHA, KOTTAYAM DISTRICT.
BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DISASTER MANAGEMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
WP(C).No.22595 OF 2020(Y)
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R1 TO R5 BY ADV. SRI.K.J.MANURAJ, GP R6 BY ADV. SRI.ENOCH DAVID SIMON JOEL R6 BY ADV. SRI.RONY JOSE R6 BY ADV. SRI.S.SREEDEV
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22595 OF 2020(Y)
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W.P.(C) No.22595 of 2020
J U D G M E N T
In the light of the memo filed by the learned counsel for the
petitioner on 22.01.2021, the writ petition is dismissed as withdrawn.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
WP(C).No.22595 OF 2020(Y)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE MINUTES ALONG WITH THE REPORT GIVEN TO ALL THE DISTRICT LEVEL AUTHORITIES BY THE 4TH RESPONDENT DATED 18.09.2019. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DECISION NO.3/2 TAKEN BY THE KOOITTACKAL PANCHAYAT COMMITTEE AT ITS MEETING HELD ON 12.11.2019. |
| EXHIBIT P3 | TRUE COPY OF THE DECISION NO. 3/1 TAKEN BY THE PANCHAYAT COMMITTEE AT ITS MEETING HELD ON 12.11.2019. |
| EXHIBIT P4 | TRUE COPY OF THE REPORT GIVEN BY THE VILLAGE OFFICER, KOTTICKAL VILLAGE TO THE TAHSILDAR, KANJIRAPPALLY DATED 07.06.2019. |
| EXHIBIT P5 | TRUE COPY OF THE REPORT GIVEN BY THE SENIOR GEOLOGIST OF THE MINING AND GEOLOGY DEPARTMENT, KOTTAYAM DATED 30.07.2018. |
| EXHIBIT P6 | TRUE COPY OF THE REPRESENTATION FILED BY THE 6TH RESPONDENT TO THE REVENUE MINISTER DATED 5.12.2019. |
| EXHIBIT P7 | TRUE COPY OF THE LETTER GIVEN BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 14.01.2020. |
| EXHIBIT P8 | TRUE COPY OF THE LETTER NO. DOCTM/4400/2019-DM 1 DATED 15.01.2020 GIVEN BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL APPRAISAL MADE BY THE KERALA STATE BIODIVERSITY BOARD DATED 20/06/2016 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P10 | TRUE COPY OF THE REPORT GIVEN BY THE SENIOR GEOLOGIST OF KOTTAYAM TO THE DISTRICT COLLECTOR, KOTTAYAM DATED 30/07/2018. |
RESPONDENT'S/S EXHIBITS:
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| EXHIBIT R6(a): | A TRUE COPY OF THE QUARRYING LEASE DATED 23/03/2012 VALID TILL 19/03/2024. |
|---|---|
| EXHIBIT R6(b): | A TRUE COPY OF THE CONSENT DATED 24/02/2018 VALID TILL 30/06/2023 ISSUED BY THE POLLUTION CONTROL BOARD. |
| EXHIBIT R6(c): | A TRUE COPY OF THE EXPLOSIVE LICENSE VALID TILL 31/03/2021. |
| EXHIBIT R6(d): | TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE KOOTTIKKAL PANCHAYAT. |
| EXHIBIT R6(e): | TRUE COPY OF THE ORDER DATED 09/08/2019 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT R6(f): | TRUE COPY OF THE ORDER DATED 04/09/2019 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT R6(g): | TRUE COPY OF THE LETTER DATED 16/01/2020 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT ALONG WITH AN ABSTRACT COPY OF THE MINING PLAN. |
| EXHIBIT R6(h): | TRUE COPY OF THE LETTER DATED 17/09/2020 ISSUED BY THE 5TH RESPONDENT. |
//TRUE COPY// PA TO JUDGE
T.G. SANTHOSH
STATE OF KERALA
KERALA STATE DISASTER AUTHORITY
DISTRICT DISASTER MANAGEMENT AUTHORITY
DISTRICT COLLECTOR
PETRA CRUSHERS
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
