Disposed

Manojkumar Thayullathil, v. the Secretary

Kerala HC11 Jun 2024WP(C)/18345/2024

Case brief

AI extract

What is this about?

Petitioner claimed ownership of land alleging illegal quarrying by respondents. Court observed statutory action was already initiated and directed authorities to take further legal steps against illegal quarrying if found, noting respondents' denial of activity in the specific plot.

What did the court decide?

Directed respondents 1 to 4 to take appropriate legal action against respondents 5 and 6 for alleged illegal quarrying if any.

Manojkumar Thayullathil, Vs the Secretary — Property and Title | Kerala HC (2024)

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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 C. JAYACHANDRAN

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TUESDAY, THE 11^TH DAY OF JUNE 2024/21ST JYAISHTA, 1946

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WP(C) NO.18345 OF 2024

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PETITIONER:

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MANOJKUMAR THAYULLATHIL, AGED 48 YEARS, S/O.LATE BALAN NAIR, BUSINESS, THAYULLATHIL HOUSE, PATTIAM AMSOM AND DESOM, P.O. PATHAYAKUNNU, THALASSERY TALUK, KANNUR DISTRICT, PIN – 670691.

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BY ADVS. K.V.PAVITHRAN JAYANANDAN MADAYI PUTHIYAVEETTIL ADARSH KURIAN JITHIN S.SUNDARAN

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RESPONDENTS:

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1 THE SECRETARY, INDUSTRIES DEPARTMENT OF GOVT.OF KERALA, THIRUVANANTHAPURAM, PIN – 695033.

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2 THE GEOLOGIST KANNUR, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, E. BLOCK, KANNUR, PIN – 670002.

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3 THE DISTRICT COLLECTOR, KANNUR P.O., KANNUR, PIN – 670001.

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4 THE SUPERINTENDENT OF POLICE, KANNUR, POST KANNUR, PIN – 670001.

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5 VINODAN THAYULLATHIL, AGED 50 YEARS, S/O.LATE BALAN NAIR, "VISMAYAM", KUNHIPURAYIL, P.O.PANNIYANNUR, THALASSERY TALUK, KANNUR DISTRICT, PIN – 670671.

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6 SUMODAN THAYULLATYHIL, AGED 63 YEARS, S/O.LATE BALAN NAIR, PANJAKSHARI, PARVATHI NIVAS, ERANHOLI AMSOM, PERUNTHATTIL DESOM, CHINGANMUKKU, P.O. PERINTHATTIL, THALASSERY TALUK, PIN – 670691.

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7 ELAMBILAN INDIRA, D/O.KELU NAIR, I B S VILLA, POOKODE P.O., KUTHUPARAMBA AMSOM, THRIKKANNAPURAM DESOM, THALASSERY TALUK, PIN – 679573.

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W.P(C) No.18345 of 2024

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8 ELAMBILAN GAURI, AGED 70 YEARS, D/O.KELU NAIR, NO OCCUPATION, GAURISADAN, PATTIAM AMSOM, MUTHIYANGA DESOM, P.O. MUTHIYANGA, PIN – 670691.

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9 LAMBILAN PUSHPAVALLI, D/O.KELU NAIR, AGED 63 YEARS, JYOTHI NIVAS, BAVODE, ANJARAKKANDY AMSOM, MAMBA DESOM, P.O. ANJARAKKANDY, KANNUR TALUK. PIN – 670691.

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10 KANHAN SAJEEVAN, S/O.MOTTAMMAL KUNHANAN, AGED 40 YEARS, PATTIAM AMSOM, MUTHIYANGA DESOM, P.O. MUTHIYANGA, THALASSERY TALUK, PIN – 670691.

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11 PAITHAL SASI, (FATHER'S NAME NOT KNOWN), AGED 60 YEARS, 'SREE PORKALI', KOOTTERIPOIL, MUTHIYANGA AMSOM AND DESOM, POST MUTHIYANGA, THALASSERY TALUK, PIN – 670691.

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BY ADVS.

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K.S.SUMITHA LEHNA MOHANAN(K/703/2015) AJITH VISWANATHAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.18345 of 2024

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JUDGMENT Dated, this the 11^th June, 2024

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Petitioner approached this Court claiming that he is the owner of 1.6187 hectares of land, along with his siblings/respondents 5 and 6.

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2. The allegation is to the effect that respondents 5 and 6 are conducting illegal quarrying in the said land, without the junction of the petitioner and without being issued with any necessary permit/ licence, enabling quarrying.

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3. Learned Government Pleader, who appears on

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behalf of respondents 1 to 4 - including the 2^nd respondent/Geologist - would submit that the allegation is found to be true, prima facie that illegal quarrying has been done in the subject property. Necessary action as per law has already been initiated. Steps are in vogue to demarcate the property. Learned Government Pleader would ensure

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that all actions as per law will follow.

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W.P(C) No.18345 of 2024

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4. Learned counsel for respondents 5 and 6 would submit that the above said 1.6187 hectares of land is lying contiguous with a large extent of land, where quarrying activities are going on. Learned counsel would reiterate that no quarrying was done in the said 1.6187 hectares of land.

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5. In the above referred facts and circumstances, this Court will close the instant Writ Petition by directing respondents 1 to 4 to take appropriate action in accordance with law as against respondents 5 and 6, as also, against any other person, if it is found that they have indulged in illegal quarrying. The contention of respondents 5 and 6 that no quarrying activity has been done in the said land can be raised before the appropriate authority for due consideration.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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W.P(C) No.18345 of 2024

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APPENDIX OF WP(C) 18345/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE TITLE DEED DATED 22/03/2021. EXHIBIT P2 A TRUE COPY OF HER DEATH CERTIFICATE ISSUED ON 09/05/2022. EXHIBIT P3 TRUE COPIES OF THE COMPLAINT DATED 01/01/24 FILED BEFORE THE TAHSILDAR AND THE GEOLOGIST ALONG WITH THE ACKNOWLEDGEMENT FOR RECEIPT OF THE COMPLAINTS. EXHIBIT P4 A TRUE COPY OF THE PLAINT IN O.S.5/2024. EXHIBIT P5 A TRUE COPY OF THE PETITION FOR INJUNCTION THAT IS I.A.2/2024. EXHIBIT P6 A TRUE COPY OF THE INJUNCTION ORDER DATED 11-01-2024. EXHIBIT P7 A TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER IN O.S.NO.5/2024. EXHIBIT P8 A TRUE COPY OF THE COMPLAINT DATED. 24/04/2024 FILED BEFORE THE DISTRICT COLLECTOR.

Manojkumar Thayullathil, v. the Secretary

Case brief

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Manojkumar Thayullathil, v. the Secretary

Case brief

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