Writ petition from 2013 sought cancellation of quarrying permits and a halt to alleged illegal quarrying. With no interim order in force and the matter long pending, the Court disposed of it, permitting the petitioner to approach statutory authorities with representation for consideration after hearing affected parties.
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
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 WP(C) NO. 3253 OF 2013
PETITIONER:
JAYAN K.P. S/O.PADMANABHAN, KALAYAKULAM HOUSE, KARUVANGADU, KILLANNOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.ANOOP
RESPONDENTS:
W.P.(C) No.3253 of 2013
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13 CHIEF CONSERVATOR OF FOREST THRISSUR DISTRICT - 680 001. BY ADVS. SRI.P.JINISH PAUL SRI.SHEEJO CHACKO - R5 SRI.SANGEETH C. SUBRAMANIAN SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD SRI.RIYAL DEVASSY, GP SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3253 of 2013
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 3253 of 2013
-----------------------------------------------------Dated this the 22nd day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
“(i) Issue a writ in the nature of mandamus calling for the records relating to granting of Ext-P2 to P4 and cancel the same.
(ii) issue a writ in the nature of mandamus or any other appropriate writ order or direction to the respondents 2 to 13 to stop the illegal quarrying operation done by the 1 st respondent.
(iii) Issue any such other writ, order or direction as this Hon'ble Court may deem fit and just, in the interest of justice.”[SIC]
from 2013 onwards. No interim order is passed in this
case. If there is any surviving grievance to the petitioner regarding the alleged illegal mining, the
W.P.(C) No.3253 of 2013
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petitioner can approach the statutory authority with appropriate representation and if such a representation is received, the statutory authority will consider the same after giving an opportunity of hearing to the petitioner and other affected parties
and pass appropriate orders in accordance with law.
With the above observation, this Writ petition is
disposed of.
P.V.KUNHIKRISHNAN JUDGE
DM
2 issues framed by the court
Whether the Court should cancel quarrying permits and stop alleged illegal quarrying by the first respondent.
Whether any surviving grievance regarding alleged illegal mining can be pursued.
Jayan K.P.
T.L. Thomas
State of Kerala represented by Secretary (Home Department)
Circle Inspector of Police, Peramangalam Police Station
Sub Inspector of Police, Viyoor Police Station
Secretary, Mulankunnathukavu Grama Panchayath
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
