This is a single-line contempt order closing the case as the Government Pleader submitted that the petitioner is now operating the unit and ingress/egress to the quarry is open, with no obstruction to the petition.
The contempt of court case is closed.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944
CON.CASE(C) NO. 173 OF 2023
AGAINST THE WILLFUL DISOBEDIENCE OF THE DIRECTIONS CONTAINED IN THE INTERIM ORDER DATED 20.10.2022 IN WP(C) 32104/2022 OF HIGH
COURT OF KERALA
PETITIONER/PETITIONER IN W.P.(C):
M/S. GALAXY AGGREGATES PRIVATE LIMITED AGED 55 YEARS MARUTHUKUNNU, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI. ANTONY S. ALUKKALL, AGED 55 YEARS, S/O. A.O. SANY, DOOR NO.17/436A ALUKKAL HOUSE, KURUSHUPALLY ROAD, ADAT, THRISSUR, KERALA, PIN - 680554
BY ADVS. ELVIN PETER P.J. K.R.GANESH GOURI BALAGOPAL ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S. ANU JOSEPH
RESPONDENTS/3RD AND 4TH RESPONDENTS IN W.P.(C):
1 SRI. RANJITH (IN CHARGE), (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) CIRCLE INSPECTOR OF POLICE, VELLARIKUNDU POLICE STATION, VELLARIKUNDU, KASARAGOD DISTRICT, PIN - 671534
2 SRI. VIJAYAKUMAR (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) SUB INSPECTOR OF POLICE, VELLARIKUNDU POLICE STATION, VELLARIKUNDU, KASARAGOD DISTRICT, PIN - 671534
BY SRI.APPU.P.S-GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Contempt Case(C)NO.173 OF 2023
2
JUDGMENT
Dated this the 22nd day of February, 2023
It is submitted by the learned Government Pleader on instructions that the issues have now been resolved and the petitioner is now operating the crusher unit . It is submitted that means of ingress and egress to the quarry is now open, though there is a protest being carried out by residents of the locality on the side of the pathway.
The said submission is recorded. In view of the fact that, at present there is no obstruction to the ingress
and egress, the contempt of court case is closed.
Sd/ANU SIVARAMAN JUDGE
SSK/22/02
Contempt Case(C)NO.173 OF 2023
3
APPENDIX
| PETITIONER ANNEXU | RES |
|---|---|
| Annexure A1 | TRUE COPY OF THE BUILDING PERMIT NO.TCPKSD/395/2022-C/D.DIS DATED 18/09/ 2022 ISSUED BY THE TOWN PLANNING OFFICER, KASARAGOD TO THE PETITIONER COMPANY |
| Annexure A2 | TRUE COPY OF THE CERTIFICATE NO. FRS/14/KHD/7258/2022/SITE DATED 09/03/ 2022 ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE |
| SERVICES, GOVERNMENT OF KERALA TO THE PETITIONER COMPANY |
|
| Annexure A3 | TRUE COPY OF THE CERTIFICATE NO. PCB/KSRD/ICE/1681/2021 DATED 07/12/2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER COMPANY |
| Annexure A4 | TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE NO.KLMSME-7358/2021 DATED 02/10/2021 ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER COMPANY |
| Annexure A5 | TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 14\09\2021 ENTERED INTO BETWEEN THE PETITIONER COMPANY WITH M/S. MEGHA |
| ENGINEERING& INFRASTRUCTURE LIMITED HYDERABAD. |
|
| Annexure A6 | TRUE COPY OF THE COMPLAINT DATED 26/09/2022 FILED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION, THE 2ND RESPONDENT |
| Annexure A7 | TRUE COPY OF THE RECEIPT ISSUED BY THE STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION, THE 2ND RESPONDENT DATED 26\09\2022 |
| Annexure A8 | TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER COMPANY AND M/S. GALAXY METALS DATED 03/10/2022 |
| Annexure A9 | CERTIFIED COPY OF THE INTERIM ORDER DATED 20/10/2022 PASSED BY THIS HON'BLE COURT IN WP(C) NO32104/2022 |
| Annexure A10 | TRUE PHOTOCOPY OF THE SKETCH SHOWING THE PROPOSED CRUSHER UNIT, PANCHAYATH ROAD, NEWLY FORMED ROAD BY THE PETITIONER COMPANY, DRAIN ETC |
| Annexure A11 | TRUE PHOTOCOPY OF THE APPLICATION DATED 20.09.2022 SUBMITTED BY THE PETITIONER COMPANY BEFORE THE EXECUTIVE ENGINNER. |
| Annexure A12 | TRUE COPY OF THE SALE DEED NO.2741/1/2022 DATED 19/12/2022 ENTERED INTO BETWEEN THE |
Contempt Case(C)NO.173 OF 2023
4
| PETITIONER AND ONE SRI. SUNIL KUMAR | |
|---|---|
| Annexure A13 | TRUE PHOTOCOPY OF THE STOP MEMO DATED 21.10.2022 ISSUED BY THE PANCHAYAT TO THE PETITIONER COMPANY. |
| Annexure A14 | TRUE PHOTOCOPY OF THE ORDER DATED 20.10.2022 IN IA NO.2\2022 IN O.S. NO. 280/2022 IN THE COURT OF THE MUNSIFF, HOSDURG. |
| Annexure A15 | TRUE PHOTOCOPY OF THE ORDER DATED NIL. 11/2022 ISSUED BY THE DISTRICT PANCHAYAT TO THE PETITIONER COMPANY |
| Annexure A16 | TRUE COPY OF THE INTERIM ORDER DATED 17/11/2022 PASSED BY THIS HON'BLE COURT IN WP(C) NO.35893/2022 |
| Annexure A17 | TRUE COPY OF THE PHOTOGRAPH SHOWING THE ILLEGAL OBSTRUCTION PREVENTING THE PETITIONER |
| FROM PLYING THE VEHICLES USING THE ROAD COVERED BY ANNEXURE A12 SALE DEED FOR CARRYING OUT THE CONSTRUCTION ACTIVITIES |
|
| Annexure A18 | ANNEXURE-A18:. PHOTOGRAPHS SHOWING PUTTING UP OF PARTY FLAGS IN THE PETITIONER'S PROPERTY OBSTRUCTING ACCESS TO THE PETITIONER'S PROPERTY |
| Annexure A19 | TRUE COPY OF THE FIR NO.0027 DATED 14/01/2023 REGISTERED BY THE VELLARIKUNDU POLICE STATION |
| Annexure A20 | TRUE COPY OF THE FIR NO.0030 DATED 15/01/2023 REGISTERED BY THE VELLARIKUNDU POLICE STATION |
| Annexure A21 RESPONDENT ANNEXURES |
TRUE COPY OF THE JUDGMENT DATED 16.12.2022 IN WP(C) NO.32104\2022 OF THIS HON'BLE COURT. |
| Annexure R1(a) | A TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY,DISTRICT PANCHAYATH, KASARGOD DATED 16.01.2023 |
| Annexure R1(b) | TRUE COPY OF LETTER DATED 15.01.2023 FROM DEPUTY SUPERINTENDENT OF POLICE,KASARGOD |
| Annexure R1(c) | TRUE COPY OF THE LETTER NO. B1- |
| 3724/2022(1)DATED 30.01.2023 OF THE |
|
| SECRETARY,DISTRICT PANCHAYATH TO THE STATION HOUSE OFFICER,VELLARIKUNDU POLICE STATION. |
M/s. Galaxy Aggregates Private Limited
Sri. Ranjith (In Charge), Circle Inspector of Police, Vellarikundu Police Station
Sri. Vijayakumar, Sub Inspector of Police, Vellarikundu Police Station
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
