Writ petition concerning a hot mix plant; both sides submitted the prayers had become infructuous. The court dismissed the writ petition 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 P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 2141 OF 2017
PETITIONER/S:
SKARIA CHERIYAN
AGED 68 YEARS, S/O.CHERIYA K.L, RESIDING AT
KANNATTUKALAYIL HOUSE, ARUMANOOR PO, KOTTAYAM
686564.
BY ADVS.
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
RESPONDENT/S:
1 KERALA STATE POLLUTION CONTROL BOARD HEAD OFFICE, PATTOM PO, THIRUVANANTHAPURAM 695004, REPRESENTED BY ITS CHIARMAN2 ENVIRONMENTAL ENGINEER
KOTTAYAM DISTRICT, KERALA STATE POLLUTION CONTROL
BOARD, DISTRICT OFFICE, KOTTAYAM 686001
3 THE DISTRICT COLLECTOR, KOTTAYAM, KOTTAYAM-KUMILY ROAD, COLLECTORATE, KOTTAYAM 6860014 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KOTAYAM DISTRICT, 6860015 AYARKUNNAM GRAMA PANCHAYATH PANCHAYATH OFFICE, AYARKUNNAM PO, KOTTAYAM DISTRICT, 686564, REPRESENTED BY ITS SECRETARY6 V.K. JANARDHANAN NAIR VADAKKEPUTHENPURA HOUSE, VARAPETTY PO, KOTHAMANGALAM, ERNAKULAM DISTRICT, 686691W.P.(C) No.2141/2017
2
7 VARKEY SEBASTIAN MANDAPATHIL VEETIL, AYARKUNANM VILLAGE, ARUMANUR KARA, KOTTAYAM DISTRICT 686564
BY ADVS.
KUM.M .ANJU THOMAS
SRI.DEEPAK MOHAN
SRI.JOMY GEORGE
SRI.PEEYUS A.KOTTAM
SRI.SEBASTIAN THOMAS
OTHER PRESENT:
BY ADVS.
SRI.RIYAL DEVASSY, GP,
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSIONON06.06.2024,ALONGWITH
WP(C).1440/2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2141/2017
3
P.V.KUNHIKRISHNAN, J.
===========================
W.P.(C) No.2141 OF 2017
===========================
Dated this the 06th day of June, 2024
JUDGMENT
Both sides submitted that, the prayers in this writ
petition are infructuous.
Therefore, this Writ petition is dismissed as
infructuous.
Sd/-
P.V.KUNHIKRISHNAN
SLR
W.P.(C) No.2141/2017
4
APPENDIX OF WP(C) 2141/2017
PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE BASIC TAX
RECEIPT OF THE PROPERTY OF THE
PETITONER'S WIFE
EXHIBIT P2A TRUE PHOTOCOPY OF THE OWNERSHIP
CERTIFICATEDATED09.01.2017
ISSUED BY THE 5TH RESPONDENT TO
THE PETITIONER'S WIFE
EXHIBIT P3A TRUE PHOTOCOPY OF THE SITE IN
WHICH THE 6TH RESPONDENT IS
ESTABLISHING THE HOT MIX PLANT
EXHIBIT P4A TRUE PHOTOCOPY OF THE CIRCULAR
DATED 01.10.2015 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P5ATRUEPHOTOCOPYOFTHE
APPLICATION FOR CONSENT TO OPERATE
PREFERRED BY THE 6TH RESPONDENT
BEFORE THE 2ND RESPONDENT
EXHIBIT P6A TRUE PHOTOCOPY OF THE LETTER
DATED 26.12.2016 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT
EXHIBTI P7A TRUE PHOTOCOPY OF THE COMPLAINT
DATED 09.01.2017 PREFERRED BY THE
PETITONERBEFORETHE2ND
RESPONDENT
W.P.(C) No.2141/2017
5
EXHIBIT P8A TRUE PHOTOCOPY OF THE RECEIPT OF
ACKNOWLEDGMENT DATED 09.01.2017
ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT
ERXHIBIT P9ATRUEPHOTOCOPYOFTHE
ENVIRONMENTAL CLEARANCE GRANTED BY
TEH MOEF FOR CONSTRUCTION OF NH AI
IN STATE OF MADHYA PRADESH
EXHIBTI P10A TRUE PHOTOCOPY OF THE GUIDELINES
ISSUED BY THE TAMIL NADU PCB FOR
ESTABLISHMENT OF HOT MIX PLANTS IN
THE STATE OF TAMIL NADU
EXHIBIT P11A TRUE PHOTOCOPY OF THE LETTER
DATED 13.01.2017 ISSUED BY THE 5TH
RESPONDENT TO THE 6TH RESPONDENT
EXHIBIT P12ATRUEPHOTOCOPYOFTHE
REPRESENTATION DATED 18.01.2017
PREFERRED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
Skaria Cheriyan
Kerala State Pollution Control Board
Environmental Engineer, Kottayam District, Kerala State Pollution Control Board
The District Collector, Kottayam
The Geologist, District Office, Department of Mining and Geology
Ayarkunnam Grama Panchayath
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court