Disposed

Krishnankutty Mattayi v. District Collector

Kerala HC22 Dec 2022WP(C)/12698/2022

Case brief

AI extract

What is this about?

A writ petition filed to restrain illegal laterite quarrying without necessary permits conducted by certain respondents. The court noted that steps were taken by the District Geologist following a previous order to stop such illegal activity and disposed of the petition accordingly.

What did the court decide?

Direction to respondents to ensure necessary steps are taken in pursuance of the order dated 30.06.2022.

Krishnankutty Mattayi Vs District Collector — Land Acquisition | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

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WP(C) NO. 12698 OF 2022

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PETITIONERS:

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1 KRISHNANKUTTY MATTAYI

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AGED 55 YEARS

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S/O.NALINI, MATTAYI HOUSE, ONAMPARAMBA, POOKKOD, PANG SOUTH (PO), MALAPPURAM DISTRICT, PIN 679 338

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2 SAID MOHAMMED AGED 49 YEARS

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S/O. HAMSA, POOZHIKKUNATH HOUSE, POOKOD,
ONAMPARAMBA, PANG SOUTH (PO), MALAPPURAM DISTRICT,
PIN 679 338

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BY ADVS.

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K.T.SIDHIQ
T.K.AJITH KUMAR
AISWARYA RAMESAN

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RESPONDENTS:

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1 DISTRICT COLLECTOR MALAPPURAM, CIVIL STATION, MALAPPURAM (PO), MALAPPURAM DISTRICT PIN 676 505

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2 THE DISTRICT GEOLOGIST MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, MANJERI (PO), MALAPPURAM DISTRICT PIN 676 121

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3 VALIYAPEEDIYEKKAL AVARANKUTTY S/O. HASSAN, VALIYAPEEDIYEKKAL HOUSE, PANG (PO), MALAPPURAM DISTRICT PIN 676 553

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4 VALIYAPEEDIYEKKAL ABDUL AZEEZ

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S/O. HASSAN, VALIYAPEEDIYEKKAL HOUSE, PANG(PO), MALAPPURAM DISTRICT PIN 676 553

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¶21

W.P.(C) No.12698 of 2022.

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5 KILIYAMANNIL ABDUL AZEEZ S/O. MOHAMMED HAJI, KILIYAMANNIL HOUSE, BHASKARANPADI, POOZHITHARA, PANG (PO), MALAPPURAM DT PIN 676 553

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6 KILIYAMANNIL JAWAD, S/O. ABDUL AZEEZ, KILIYAMANNIL HOUSE, BHASKARAN PADI, POOZHITHARA PANG (PO), MALAPPURAM DISTRICT PIN 676 553

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7 POOZHITHARA SHIHAB POOZHITHARA HOUSE, PANG (PO0, MALAPPURAM DISTRICT PIN 676 553

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8 KOTTAYIL ASHRAF S/O. HAMZA (LATE) , PANG (PO), MALAPPURAM DISTRICT PIN 676 553

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BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.RAKESH
T.P.SAJID
SHIFA LATHEEF
GOVERNMENT PLEADER(GP-1)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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¶29

W.P.(C) No.12698 of 2022.

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JUDGMENT

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Dated this the 22nd day of December, 2022 .

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This writ petition is filed to restrain the illegal laterite quarrying by respondents 5 to 8 in the property of respondents 3 and 4, situated in Re-Survey No.251/9 in Kuruva Village, Perintalmanna Taluk, Malappuram District, causing imminent danger to the petitioners and other local residents.

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Prayer No.2 in the writ petition reads as below:-

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"II Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, forbearing the respondents 5 to 8 from conducting any laterite quarrying in the property of respondents 3 and 4 situates in R.S.251/9 in Kuruva Village, Perinthalmanna Taluk, Malappuram District owned by respondents 3 and 4, as it

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¶36

W.P.(C) No.12698 of 2022.

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is run without obtaining necessary permits and licenses".

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It is contended by the petitioners that respondents 5 to 8 are conducting laterite quarrying without obtaining necessary permit/license.

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The learned Government Pleader has filed a memo producing the order dated 30.06.2022 passed by the 2^nd respondent, the District Geologist, pursuant to the order of this Court dated 06.04.2022 wherein it is stated that the quarry is being conducted without obtaining necessary permit or license and necessary steps are being taken to stop the illegal quarrying with the aid of the Police and the Revenue Authorities. In view of the said order, nothing further remains to be considered in the writ petition. Respondents 1 and 2 shall take necessary steps in pursuance to the order dated 30.06.2022, if it is not varied or altered by any superior

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¶41

W.P.(C) No.12698 of 2022.

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authority or competent Court.

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This writ petition is disposed of with the above

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directions.

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Sd/- MURALI PURUSHOTHAMAN JUDGE

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Raj. 22.12.2022.

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¶48

W.P.(C) No.12698 of 2022.

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APPENDIX OF WP(C) 12698/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE REPRESENTATION DATED
8-02-2022 SUBMITTED BEFORE THE 1ST
RESPONDENT

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Exhibit P2TRUE COPY OF THE REPRESENTATION DATED
10-02-2022 SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P3PHOTOGRAPH OF THE QUARRY DURING
MONSOON RUN BY RESPONDENTS 5 TO 8
Exhibit P4PHOTOGRAPH OF THE QUARRY UNIT RUN BY
RESPONDENTS 5 TO 8

Krishnankutty Mattayi v. District Collector

Case brief

What is this about?

What did the court decide?

Krishnankutty Mattayi v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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