Santha Kumar v. Narayanan U

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Con.Case(C).No. 1582 of 2015 (S) --------------------------------------------- THE JUDGMENT IN WP(C).NO.13723/2015 DATED 08-05-2015. ......

PETITIONER/5TH PETITIONER IN WPC.:

---------------------------------------------------------- SANTHAKUMAR, S/O.ACHUTHAN, AGED 60 YEARS, PRESIDENT, CHITTOOR TALUK, KARINGAL QUARRY OPERATORS INDUSTRIAL CO OPERATIVE SOCIETY LIMITED NO.SIND(P)175, MAVILKOLUMBU, VADAVANNUR P.O., PALAKKAD- 678 504.

BY ADV. SRI.K.I.SAGEER.

RESPONDENT/2ND RESPONDENT IN WPC:

---------------------------------------------------------------- NARAYANAN. U., (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD- 678 001. BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.

Con.Case(C).No. 1582 of 2015 (S) APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE JUDGMENT DATED 08/05/2015 IN WP(C).NO.13723/2015-M ON THE FILE OF THIS HONOURABLE COURT.

ANNEXURE A2 COPY OF THE ORDER NO.D3-2015/20894/9 DATED 20/07/2015 ISSUED BY THE RESPONDENT.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

================== Cont.Case No.1582 of 2015 ================== Dated this the 6th day of November, 2015

J U D G M E N T

This Court as per judgment dated 8.5.2015 directing the respondent to consider the application submitted by the petitioner, in accordance with law, without insisting production of environmental certificate. This has been rejected as per Anx.A2 stating that the petitioner has not obtained NOC from the Panchayath and clearance from the Pollution Control Board and permission from the Mining and Geology Department. In view of the above this Court find that there is no contempt is made out. This Court only insisted for consideration of application without insisting environmental clearance. Therefore leaving open the petitioner to challenge the above order the contempt is closed. sd/- sab A.MUHAMED MUSTAQUE, JUDGE