Dismissed

Thabore Janakiya Samithi v. the District Collector

Kerala HC8 Mar 2022WP(C)/6174/2019

Case brief

AI extract

What is this about?

Petitioner sought writs to stop quarry operations, quash environmental clearances, and direct authorities not to issue new mining permits in Ernakulam District. The court found the matter infructuous as respondents are not conducting quarries and dismissed the petition.

What did the court decide?

Writ petition dismissed as infructuous after counsel submitted that respondent quarry operators are not currently conducting mining activities.

Thabore Janakiya Samithi Vs the District Collector — Mining and Natural Resources | Kerala HC (2022)

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W. P. (C) No. 6174 of 2019 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 WP(C) NO. 6174 OF 2019

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PETITIONER/S:

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1 THABORE JANAKIYA SAMITHI REG.NO.EKM/TC/26/2019 THABORE P.O., MOOKKANNOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 577 REPRESENTED BY ITS SECRETARY

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2 M.V.JAMES, AGED 58 YEARS S/O.VARGHESE, MADASSERY HOUSE, THABORE P.O., MOOKKANNOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 577 BY ADV P.SHAIJAN JOSEPH

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR ERNAKULAM DISTRICT , CIVIL STATION, KAKKANAD P.O, KOCHI,PIN-682 030

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2 STATE OF ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(SEIAA), KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM,PIN-695 001,REPRESENTED BY ITS CHAIRMAN

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3 DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHOIRTY (DEIAA), ERNAKULAM DISTRICT, CIVIL STATION,KAKKANAD P.O., KOCHI,PIN682 030

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4 REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT,PIN-682 001

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5 TAHSILDAR ALUVA TALUK, CIVIL STATION, ALUVA P.O., ERNAKULAM,PIN-683 101

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W. P. (C) No. 6174 of 2019 -2-

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6 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KAKKANADU P.O., KOCHI-682 030

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7 THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, GANDHI NAGAR, ERNAKULAM,PIN-682 020

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8 DEPUTYCHIEF CONTROLLER OF EXPLOSIVE, KENDRIYA BHAVAN, BLOCK C-2,3RD FLOOR CSEZ, KAKKANAD P.O., ERNAKULAM, PIN-682 037

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9 THE DIRECTOR GENERAL OF MINES SAFETY, SOUTH ZONE, 14TH MAIN ROAD, 4TH BLOCK, KORAMANGALA, BENGALURU,PIN-560 034

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10 MOOKKANNOOR GRAMA PANCHAYAT, MOOKKANNOOR P.O., MOOKANNOOR VILLAGE, ALUVA TALUK, ERANKULAM DISTRICT, PIN-683 577, REPRESENTED BY ITS SECRETARY

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11 VILLAGE OFFICER MOOKANNOOR VILLAGE, MOOKKANNOOR P.O., ALUVA TALUK, ERANKULAM DISTRICT, PIN-683 577,

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12 MR.VARGHESE.T.O., THODUVA HOUSE, THABOR P.O., PARAMBAYAM, MOOKANNOOR VILLAGE, ALUVA TALUK, ERANKULAM DISTRICT, PIN-683 577,

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13 MR.SUKUMARAN.E.S., ELAVUNGAPARAMBIL HOUSE, PADUVAPURAM P.O., KARUKUTTY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,PIN-683 582

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14 MR.SUNIL KUMAR, PADATHUPARAMABIL HOUSE, PADUAPURAM P.O., PALISSERY, KARUKUTTY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,PIN-683 582

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15 MR. M.D.DEVASSYKUTTY, MAZHUVANCHERRY HOUSE, ANGAMALY SOUTH P.O., ANGAMALY VILLAGE, ERNAKULAM DISTRICT,PIN-683 573 BY ADVS. SRI. K. P. HARISH, SR GP SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SMT.SREEKALA K.L., CGC SRI.MANSOOR.B.H. SRI.BENOY K.KADAVAN SRI.SHYLESH KRISHNAN

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W. P. (C) No. 6174 of 2019 -3-

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) No. 6174 of 2019 -4-

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J U D G M E N T

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S. Manikumar, C.J.

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Petitioner has sought for the following reliefs:-

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“i. To issue a Writ of Mandamus or any other Writ, Order or Direction directing respondents 1 to 11 to take immediate actions to stop the working of 4 quarries owned by respondents 12 to 15 in Survey Nos. 189/2; 189/3; 40/1-3, 1-4, 1-5; 40/2; 192/1-2, 192/3 of Mookkannor Village in Ward No 3 of Mookkannoor Grama Panchayat in Aluva Taluk;

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ii. To issue a Writ of Certiorari or any other Writ or Order to call for documents and records leading to issuance of Exhibit P1 to P4 Environmental Clearances to respondents 12 to 15 and quash the same;

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iii. To issue a Writ of Mandamus or any other Writ, Order or Direction directing respondents 1 to 3 and 5 to 10 to take immediate actions on Exhibits P7, P9, P11, P12 and P14 to P19 representations submitted by petitioners;

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iv. To issue a Writ of Mandamus or any other Writ, Order or Direction directing respondents 1 to 10 not to issue new permit/license to any new granite mining quarry in Ward Nos. 1, 2, 3 and 14 of 10^th respondent Mookkannoor Grama Panchayat in Aluva Taluk in Ernakulam District.”

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W. P. (C) No. 6174 of 2019 -5-

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On this day, when the matter came up for hearing, Mr. P. Shaijan Joseph, learned counsel for the petitioner, submitted that now, the party respondents are not conducting quarries, and thus, the matter has become infructuous.

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Placing on record the submission of the learned counsel for the petitioner, instant writ petition is dismissed as infructuous.

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Sd/S. MANIKUMAR CHIEF JUSTICE

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Sd/SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

Thabore Janakiya Samithi v. the District Collector

Case brief

What is this about?

What did the court decide?

Thabore Janakiya Samithi v. the District Collector

Case brief

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What did the court decide?

What the court decided

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