Writ petition challenging quarrying-related orders of the Geologist and Thasildar. Since the appellate order on the pending appeal had been passed by the Revenue Divisional Officer, the court disposed of the writ petition, leaving the petitioner free to challenge that order in accordance with law.
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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 3455 OF 2018
PETITIONER/S:
K.M.KARIM
S/O MUSTHAFFA, AGED 55 YEARS,
KARIPPALLIL HOUSE, THOTTUMUGHAM, ALUVA TALUK,
THOTTUMUGHAM PO, PIN.683105.
BY ADVS.
SRI.SADCHITH.P.KURUP
SRI.C.P.ANIL RAJ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.PIN.695001.2 PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN.695001.3 DEPUTY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN.695001.4 GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, ERNAKULAM, KOCHI.682030.5 THASILDHAR (LR) TALUK OFFICE, KOTHAMANGALAM, PIN.686691.ADDL.R6 REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, MUVATTUPUZHA, MUDVOOR POST, PIN – 686669IS IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED
8.2.2018 IN IA 2490/2018
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.3455/2018
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.3455 of 2018
Dated this the 20th day of June, 2024
JUDGMENT
This writ petition is filed with following prayers:
on 08.02.2018, this Court passed the following order :
“IA No.2489/2018
Exts.P23 and P24 are accepted as additional documents.
IA No.2490/2018
The Revenue Divisional Officer, Muvattupuzha is impleaded as additional 6th respondent.
WPC
Admit.
Government Pleader takes notice for the
WP(C).No.3455/2018
3
respondents.
There will be an interim direction to the additional 6th respondent to consider and pass orders on Ext.P23 appeal preferred against Ext.P22 order of the 5th respondent, within a period of six weeks from the date of receipt of this order, after hearing the petitioner.
I make it clear that till such time orders are passed by the additional 6th respondent and the orders communicated to the petitioner, coercive steps pursuant to Ext.P22 order shall be kept in abeyance.”
orders are passed in Ext.P23 appeal. If that is the case, this writ petition need not be retained here. If the petitioner is aggrieved by the same, he is free to challenge the same in accordance with law.
With the above observation, this writ petition is disposed
of.
sd/- P.V.KUNHIKRISHNAN JUDGE
JV
WP(C).No.3455/2018
4
APPENDIX OF WP(C) 3455/2018
PETITIONER EXHIBITS
EXHIBIT P1 |
TRUE COPY OFVILLAGE OFFICER,05.11.2011. |
THE CERTIFICATE OFERAMALLOOR DATED |
|---|---|---|
EXHIBIT P2 |
TRUE COPY OF THISSUED BY THEPETITIONER DATED 0 |
E QUARRYING PERMITGEOLOGIST TO THE8.11.2011. |
EXHIBIT P3 |
TRUE COPY OF THISSUED TO THE BHCONSUMER NO.1509-0 |
E ELECTRICITY BILLSARATH GRANITES WITHDATED 04.02.2012. |
EXHIBIT P4 |
TRUE COPY OF THISSUED TO BHARCONSUMER NO.1509-0 |
E ELECTRICITY BILLSATH GRANITES WITHDATED 03.03.2012. |
EXHIBIT P5 |
TRUE COPY OF THISSUED TO BHARCONSUMER NO.1509-0 |
E ELECTRICITY BILLSATH GRANITES WITHDATED 03.04.2012. |
EXHIBIT P6 |
TRUE COPY OF THEBY THE PETITIONEROFFICER, 1ST CIRCL06.02.2012. |
INTIMATION ISSUED BYTO COMMERCIAL TAXE, PERUMBAVOOR DATED |
EXHIBIT P7 |
TRUE COPY OF THETHE PETITIONERKAKKANAD DATED 04. |
INTIMATION ISSUED BYTO THE GEOLOGIST06.2012. |
EXHIBIT P8 |
TRUE COPY OF THETHE PETITIONERNELLIKUZHY GRAMA04.06.2012. |
INTIMATION ISSUED BYTO THE SECRETARYPANCHAYATH DATED |
EXHIBIT P9 |
TRUE COPY OFNO.2497/2012 DATED |
THE SALE DEED17.04.2012. |
EXHIBIT P10 |
TRUE COPY OF THEGEOLOGIST DISTRICTO THE PETITIONER |
NOTICE ISSUED BY THET OFFICE, ERNAKULAMDATED 09.10.2012. |
EXHIBIT P11 |
TRUE COPY OF THENOTICE ISSUED BY22.10.2012. |
REPLY TO EXHIBIT P10THE PETITIONER DATED |
EXHIBIT P12 |
TRUE COPY OF THEISSUED BY THE |
SHOW CAUSE NOTICEGEOLOGIST DISTRICT |
OFFICE, ERNAKULAMDATED 12.2.2013. |
IS TO THE PETITIONER |
WP(C).No.3455/2018
5
EXHIBIT P13 |
TRUE COPY OF THENOTICE ISSUED BY22.02.2013. |
REPLY TO EXHIBIT P12THE PETITIONER DATED |
|---|---|---|
EXHIBIT P14 |
TRUE COPY OF THEGEOLOGIST DISTRICDATED 18.02.2013OFFICE, ERNAKULAM. |
ORDER PASSED BY THET OFFICE, ERNAKULAMGEOLOGIST DISTRICT |
EXHIBIT P15 |
TRUE COPY OF THETHE PETITIONER DORDER DAED 4.3.13. |
OBJECTION FILED BYATED TO EXHIBIT P14 |
EXHIBIT P16 |
TRUE COPY OF THEGEOLOGIST DISTRICDATED 14.6.2013. |
ORDER PASSED BY THET OFFICE ERNAKULAM |
EXHIBIT P17 |
TRUE COPY OFEXHIBIT P16 ORDER |
THE APPEAL AGAINSTBY THE PETITIONER. |
EXHIBIT P18 |
TRUE COPY OF THE3RD RESPONDENT DAT |
ORDER PASSED BY THEED 8.1.2014. |
EXHIBIT P19 |
TRUE COPY OF TADDITIONAL DIRECTGEOLOGY DATED NIL. |
HE REPORT OF THEOR OF MINING AND |
EXHIBIT P20 |
TRUE COPY OF THE2ND RESPONDENT DAT |
ORDER PASSED BY THEED 19.6.2014. |
EXHIBIT P21 |
TRUE COPY OF THETHASILDAR (LR)SECTION 12 KERALADATED 20.10.2017. |
NOTICE ISSUED BY THEKOTHAMANGALAM UNDERLAND CONSERVANCY ACT |
EXHIBIT 22 |
TRUE COPY OF THETHASILDAR (LR)07.12.2017. |
ORDER ISSUED BY THEKOTHAMANGALAM DATED |
EXHIBIT P23 |
COPY OF THE APPEBEFORE THE REVENUEMUVATTUPUZHA |
AL NO.660/2018 FILEDDIVISIONAL OFFICER, |
EXHIBIT P24 |
COPY OF THE STAYAPPEAL NO.660/201REVENUEDIVIMUVATTUPUZHA |
PETITION FILED IN8 FILED BEFORE THESIONALOFFICER, |
1 issue framed by the court
Whether the orders of the respondents including the Thasildar's order under the Kerala Land Conservancy Act should be quashed.
1 provisions across 1 enactments
K.M.Karim
State of Kerala, represented by its Principal Secretary to Government, Industries Department
Principal Secretary to Government, Industries Department
Deputy Secretary to Government, Industries Department
Geologist District Office, Department of Mining and Geology
Thasildhar (LR), Taluk Office, Kothamangalam
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court