Petitioner filed writ petition seeking relief against resort project and non-enforcement of land laws. Court permitted withdrawal of petition. Petition dismissed as withdrawn without prejudice to right to file fresh petition.
Petition dismissed as withdrawn without prejudice to right to file fresh petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.343 OF 2021(P)
PETITIONER:
BENNY SEBASTIAN, AGED 46 YEARS S/O. SEBASTIAN, PALATHUMTHALACKAL HOUSE, KALLORKAD P.O. CHAL JUNCTION, MUVATTUPUZHA, ERNAKULAM 686 668.
BY ADVS. SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH
RESPONDENTS:
R1 TO R3 & R6 BY SMT K.AMMINIKUTTY, SR GOVT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is working as a Senior Clerk in Minor Irrigation Department, Government of Kerala, who is stated to be the former State Secretary of NGO Front is a resident of Muvattupuzha in Ernakulam District. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to consider and pass orders on Ext.P1 complaint made by the petitioner, after affording him an opportunity of hearing within a time frame to be fixed by this Court; a writ of mandamus commanding the 4th respondent to consider and pass orders on Ext.P7 complaint made
by the petitioner, after affording him an opportunity of hearing within a time frame to be fixed by this Court; a writ of mandamus commanding the 1st respondent to initiate prosecution under relevant laws, including Sections 7 and 11 of the Kerala Land Conservancy Act, 1957 against the Directors of the 5th respondent company; a writ of certiorari to quash Ext.P3 Environmental Clearance dated 08.03.2019 issued by the 4th respondent for the expansion of the Resort cum Hotel Project of the 5th respondent at Mullackal Village in Alappuzha Municipality; and a writ of mandamus commanding respondents 1 to 4 and 6 to ensure that
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the properties unlawfully encroached/reclaimed are restored to its original state i.e., as it was at the time of commencement of works
by the 5th respondent and rectify the illegal excavations/reclamations/encroachments done by the 5th respondent in the property and restore the water channel to its original state specified in Ext.P5, at the cost and expenses of the 5th respondent.
Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioner.
Sd/-
ANIL K.NARENDRAN
JUDGE
JV
2 issues framed by the court
Whether to allow withdrawal of the writ petition and dismiss it without prejudice.
Whether the Environmental Clearance issued for the resort project is liable to be quashed.
2 provisions across 2 enactments
Benny Sebastian
The District Collector Civil Station
The Tahsildar
The Village Officer
The Director, Ministry of Environment
M/S. VKL Resorts India Pvt. Limited
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
