Petitioner, running a quarry hindered by respondents, filed a writ petition seeking closure of the matter post-FIR registration. Court allowed the plea on merits.
Matters ordered accordingly; plea for closure of matter allowed.
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 MR. JUSTICE AMIT RAWAL FRIDAY, THE 18TH DAY OF AUGUST 2023 / 27TH SRAVANA, 1945 WP(C) NO. 3596 OF 2020
PETITIONER/S:
MOHAMMED NASSAR, KANGATTU PARAKKAL HOUSE, KUZHAPARAMBA, VADAKKANGARA P.O.MANKADA, MALAPPURAM DISTRICT, KERALA-679 324.
BY ADVS. T.H.ABDUL AZEEZ SRI.SHANKAR V.
RESPONDENT/S:
1 STATE OF KERALAREPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, KERALA-695 001.
3 SUB INSPECTOR OF POLICE (SHO),MANKADA POLICE STATION, MALAPPURAM DISTRICT, KERALA-679 324.
BY ADVS. SRI.AJIT JOY SRI.ANEESH JAMES
OTHER PRESENT:
SR GP SRI JUSTIN JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Counsel for the petitioner submits that the petitioner was running a quarry which was hindered by the party respondents. Despite having submitted complaint, no action was taken and FIR bearing No.30 of 2020 has already been registered but now there is no such untoward incident or stoppage of the work and requests for closure of the matter. Ordered accordingly.
Sd/-
sab
AMIT RAWAL JUDGE
APPENDIX OF WP(C) 3596/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO 42/2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, MALAPPURAM DATED 9.2.2018 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE CONSENT TO OPERATE DATED 22.2.2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. |
| EXHIBIT P3 | TRUE COPY OF THE I.F.T.E & O.S LICENCE ISSUED BY THE MANKADA GRAMA PANCHAYATH DATED 4.3.2019 |
| EXHIBIT P4 | TRUE COPY OF THE ORDER NO 830/2017- 18/9191/M3/2017/DMG DATED 8.3.2018 ISSUED BY THE MINING AND GEOLOGY GRANTING QUARRYING LEASE TO THE PETITIONER |
| EXHIBIT P5 | TRUE COPY OF THE QUARRYING LEASE EXECUTED BETWEEN THE GOVERNMENT OF KERALA AND THE PETITIONER DATED 16.3.2018 |
| EXHIBIT P6 | TRUE COPY OF THE EXPLOSIVES LICENCE NO E/SE/KL/22/154/(E105035) DATED 21.3.2018 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES. |
| EXHIBIT P7 | TRUE COPY OF THE FIRST INFORMATION REPORT (FIR) NO 30 OF 2020 OF MANKADA POLICE STATION DATED 5.2.2020 |
| EXHIBIT P8 | TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.2.2020 |
| EXHIBIT P9 | TRUE COPY OF THE RECEIPT EVIDENCING THE ACCEPTANCE OF EXHIBIT P8 COMPLAINT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 5.2.2010 |
| EXHIBIT P10 | TRUE COPY OF THE MEMO ALONG WITH THE REPORT OF THE DISTRICT DISASTER MANAGEMENT AUTHORITY, MALAPPURAM IN WPC NO 33741 OF 2019 DATED 10.1.2020 |
MOHAMMED NASSAR
STATE OF KERALA
THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT
SUB INSPECTOR OF POLICE (SHO), MANKADA
NAJIL C.P
THE DISTRICT GEOLOGIST, MALAPPURAM
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
