This court dismissed two writ petitions by holding that they had become infructuous following the disposal of the primary matter regarding illegal quarrying.
Both writ petitions are dismissed as infructuous.
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 GOPINATH P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 13086 OF 2014
PETITIONER:
SATHYAN M.M
AGED 53 YEARS, S/O MADHAVAN,
MAPPANALIL HOUSE, METHIPPARA, RAMAMANGALAM PO.,
ERNAKULAM DISTRICT, PIN -686 663.
BY ADVS.
SRI.BIJU K.CHACKO
SRI.YASH THOMAS MANNULLY
RESPONDENTS:
1 RAMAMANGALAM GRAMA PANCHAYATH RAMANGALAM PO, ERNAKULAM DISTRICT, PIN - 686 662. REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY RAMAMANGALAM GRAMA PANCHAYATH, RAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 686 663.3 SHRI K.M. PHILIP TOMY AGED 45 YEARS
KADAVIL HOUSE, RAMAMANGALAM P.O., RAMAMANGALAM VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686 663.
4 THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, KAKKANAD-682 030.5 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661.BY ADVS.
SRI.JIBU P THOMAS
SMT.K.AMMINIKUTTY
SRI.N.RAGHURAJ
SRI.K.RAJESH KANNAN
SRI.VENUGOPAL V. (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).1894/2015, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
WP(C) Nos.13086/2014 & 1894/2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 1894 OF 2015
PETITIONER:
PETER THOMAS ATTUVELIL HOUSE, RAMAMAGALAM P.O, ERNAKULAM DISTRICT -686 663.
BY ADV SMT.MARY BENJEMIN
RESPONDENTS:
1 SECRETARY, RAAMAMANGALAM PANCHAYATH, OFFICE OF THE RAMAMANGALAM GRAMA PANCHAYATH, RAMAMANGALAM P.O, ERNAKULAM DISTRICT- 686 663.2 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA -685 661.3 THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, RAMAMANGALAM .P.O, ERNAKULAM DISTRICT, PIN-686 663.4 THE VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICER, RAMAMANGALAM P.O ERNAKULAM DISTRICT -686 663.WP(C) Nos.13086/2014 & 1894/2015
3
5K.M. PHILIP TOMMY @ TOMY
AGED 45 YEARS,
KADAVIL HOUSE, RAMAMANGALAM P.O,
ERNAKULAM DISTRICT -686 663.
BY ADVS.
SRI.JIBU P THOMAS (FOR R1)
SMT.K.AMMINIKUTTY
SRI.N.RAGHURAJ (FOR R5)
SRI.K.RAJESH KANNAN
SRI. VENUGOPAL V. (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, ALONG WITH WP(C).13086/2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
WP(C) Nos.13086/2014 & 1894/2015
JUDGMENT
[WP(C) Nos.13086/2014 and 1894/2015]
These writ petitions were filed alleging illegal quarrying by one K. M. Philip @ Tomy, who is the 3rd respondent in W.P.(C)No.13086 of 2014 and the 5th respondent in W.P(C)No.1894 of 2015. In W.P(C)No.1894 of 2015, this Court passed the following order on 19-01-2015.
“Admit.
Issue urgent notice to the 1st and 5th respondent by Special Messenger. Learned Government Pleader takes notice on behalf of the respondents 2 to 4.
The learned Government Pleader is required to get instructions. The concerned respondents shall ensure that the quarrying activity by the 5th respondent shall be permitted to be continued only on the strength of all requisite licenses and sanction in accordance with law and that the same stands confined only to the property covered by Ext.P5. The said permission shall be
5
WP(C) Nos.13086/2014 & 1894/2015
strictly in conformity with the sketch attached along with the application submitted before the concerned authorities”.
Since, both writ petitions relate to the same subject matter and it is reported by the petitioner in W.P(C)No.1894 of 2015 that the said writ petition has become infructuous, both writ petitions are dismissed as infructuous.
Sd/-
GOPINATH P. JUDGE
ats
Sathyan M.M
Peter Thomas
Ramamanganam Grama Panchayath
K.M. Philip Tomy
District Collector Ernakulam
Revenue Divisional Officer Muvattupuzha
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court