Petitioner complained of laterite stone quarrying by the 4th respondent about 15 metres from his house. An interim order directed the Geologist to verify quarrying within the prohibited distance under Rule 10(b) KMMC Rules and stop operations. Counsel stated the grievance stood redressed, and the writ petition was closed.
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.M.MANOJ
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 38068 OF 2016
PETITIONER:
KURUMBATH VELAYUDHAN, S/O CHOYI, AGED 70 YEARS,
KURUMBATH HOUSE, PALAKKAPARAMBU, PUTHOOR
PALLIKKAL, MALAPPURAM DISTRICT.
BY ADV SRI.BABU S. NAIR
RESPONDENTS:
1 THE DISTRICT COLLECTOR MALAPPURAM PIN 676 505.2 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN 676 121.3 THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT, PIN 673 636.4 UMMALATH NARAYANAN, S/O APPAYI, UMMALATH HOUSE, PALAKKAPARAMBU, PUTHOOR PALLIKKAL P.O, MALAPPURAM DISTRICT, PIN 673 636. BY ADVS. SRI.ARUN B.VARGHESE SRI.G.BALU SRI.JAYKAR.K.S. SMT.M.RAMYA RAMACHANDRAN SRI.K.V.SACHIDANANDAN Sri.V.Venugopal,Government PleaderTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.38068/2016
: 2 :
JUDGMENT
The petitioner is residing in a house in a small extent of land of 5.73 cents in Block No.9 in R.S. No.20/2 of Peruvallur Village. The grievance voiced in the writ petition is with respect to the quarrying operations of laterite stones by the 4th respondent, hardly 15 meters away from the petitioner’s house. Apprehending danger as well as the noise occurred due to quarrying, the petitioner approached the 2nd respondent as well as the Village Officer for stalling such process of mining of laterite stones.
29.11.2016, this Court pleased to pass an interim order as follows.
“Admit. Learned Government Pleader takes notice for respondents 1 to 3. Issue notice to 4th respondent.
The 2nd respondent Geologist shall verify, whether the averments in the writ petition that the 4th respondent is carrying on quarrying of laterite stones, within the prohibited distance, i.e., 50 metres as provided under Rule 10(b) of the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules). If the allegations are true, then the operations of the 4th respondent shall be stopped forthwith, if necessary, with the help of the 3rd respondent.”
WP(C) No.38068/2016
: 3 :
learned counsel for the petitioner that the grievance voiced in the writ petition is redressed on the strength of the interim order dated
29.11.2016. On the basis of the interim order the notice was served on the 4th respondent on 05.12.2016. Thereafter, there was no illegal action from the part of the 4th respondent. On such
circumstances there is no further grievance in the matter.
Accordingly the writ petition is closed.
Sd/-
P.M. MANOJ JUDGE
ncd
WP(C) No.38068/2016
: 4 :
APPENDIX OF WP(C) 38068/2016
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE COMPLAINT GIVEN BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 25-08-2016
EXHIBIT P2TRUE COPY OF THE COMPLAINT GIVEN BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 24-11-2016
1 issue framed by the court
Whether quarrying of laterite stones by the 4th respondent within the prohibited 50-metre distance from the petitioner's house should be stopped.
1 provisions across 1 enactments
Kurumbath Velayudhan
The District Collector Malappuram
The Geologist, Department of Mining and Geology, Manjeri
The Sub Inspector of Police, Thenhipalam Police Station
Ummalath Narayanan
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court