Disposed

Manesh K.Mathew v. the District Collector

Kerala HC17 Feb 2021WP(C)/99/2021

Case brief

AI extract

What is this about?

In a writ petition concerning the seizure of a lorry for illegal dumping of red earth near the Meenachal river, the Kerala High Court directed the District Collector to forward the seized report to the Senior Geologist. The Court also directed the Senior Geologist to decide the compounding application within two weeks.

What did the court decide?

Directed District Collector to forward report to 3rd respondent and 3rd respondent to decide compounding application within two weeks.

Manesh K.Mathew Vs the District Collector — Environment and Pollution | Kerala HC (2021)

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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 SATHISH NINAN

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WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

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WP(C).No.99 OF 2021(J)

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PETITIONER:

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1 MANESH K.MATHEW

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AGED 34 YEARS

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S/O. ANDREWS K. MATHEW, KOLATHUPARAMBIL HOUSE, PARAMPUZHA P.O, MANARCADU, KOTTAYAM

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM, PIN-686 002.

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2 THE DEPUTY TAHSILDAR, TALUK OFFICE, KOTTAYAM, KOTTAYAM DISTRICT, PIN-686 503

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3 SENIOR GEOLOGIST, OFFICE OF THE MINING AND GEOLOGY DISTRICT OFFICE, KOTTAYAM , PIN-686 002

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BY GOVERNMENT PLEADER:SRI.RAVI KRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.99 OF 2021(J)

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JUDGMENT

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A tipper lorry bearing Registration No.KL-33-B-9788 was seized by the 2^nd respondent - Deputy Tahsildar for illegal dumping of red earth by the side of Meenachal river. The petitioner has approached 3^rd respondent - Senior Geologist seeking release of the vehicle.

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Though Ext.P2 mahazar mentions contravention of the provisions of the Kerala Land Conservancy Act and the Kerala Conservation of Paddy Land and Wetland Act 2008, the learned Government Pleader, on instructions, submits that, the relevant statute, the provisions of which have been violated is the Mines and Minerals (Regulation and Development) Act, 1957.

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The petitioner has submitted Ext.P4 application before the Geologist seeking compounding of the offence. The report is presently before the 1^st respondent - District Collector, as having been forwarded by the 2^nd respondent - Deputy Tahsildar.

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WP(C).No.99 OF 2021(J)

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Be that as it may, since the petitioner has already approached the 3^rd respondent - Geologist, the 1^st respondent shall have the report forwarded to the 3^rd respondent - Geologist forthwith and the 3^rd respondent shall pass orders on the compounding application (Ext.P4), as expeditiously as possible and at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.

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Writ Petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.99 OF 2021(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE KL 33-B-9788. EXHIBIT P2 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.11.2020. EXHIBIT P4 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 1.2.2021

Manesh K.Mathew v. the District Collector

Case brief

What is this about?

What did the court decide?

Manesh K.Mathew v. the District Collector

Case brief

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