Thomaskutty v. District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 OP.No. 17805 of 2000 (T) ------------------------- PETITIONER(S):
-------------------------- P.J.THOMASKUTTY, PROPRIETOR MODERN ROCK MINING INDUSTRIES KANNAMTHANATHU, VADASSERIKKARA PATHANAMTHITTA BY ADVS.SRI.BECHU KURIAN THOMAS SRI.P.SREEKUMAR RESPONDENT(S):
---------------------------- 1.
THE DISTRICT COLLECTOR, PATHANAMTHITTA 2.
THE SERCRETARY, VADASSERIKKARA GRAMA PANCHAYAT, PATHANAMTHITTA ADDL.R3 & R4 IMPLEADED 3.
SHAJI V.THOMAS, AGED 45 S/O. P.T. THOMAS, PAREL HOUSE, KUMPALAMPAIKA PO, PATHANAMTHITTA DISTRICT 689 661 4.
P.T. KUNJUMON, S/O THEVAN, PALANILKUNNATHIL HOUSE KOMBANOLI, KUMPALAMPAIKA PO, PATHANAMTHITTA ARE IMPLEADED AS ADDL. RESPONDENTS 3 & 4 AS PER ORDER IN CMP.32545/2000 ADDL.R5 IMPLEADED 5.
K.G.SAMUEL KUTTY, AGED 52 YEARS S/O VARGHESE, KALKUNNATH, THALACHIRA, KUMBONOLI PATHANAMTHITTA DISTRICT IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED 13.07.2000 IN CMP NO.33057/2000 BY ADV. SRI.V.PHILIP MATHEW ADV. SRI.V.N.ACHUTHA KURUP R1 BY ADV. P.V.ELIAS, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JV
O.P. NO.17805/2000 APPENDIX PETITIONER'S EXHIBITS:
P1 :
COPY OF THE LICENSE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S UNIT P2 :
COPY OF THE CONSENT RENEWAL ORDER ISSUED BY THE ENVIRONMENTAL ENGINEER.
P3 :
COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND SRI P.J.JOSEPH AND COPY OF EXPLOSIVE LICENSE P3 :
COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND SRI P.J. JOSEPH AND COPY OF EXPLOSIVE LICENSE P4 :
COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT P5 :
COPY OF THE RECEIPT IN RESPECT OF REMITTANCE OF ROYALTY BY THE PETITIONER P6 :
COPY OF THE ORDER DT.01.09.95 IN WA 1673/94 P7 :
COPY OF THE COMMUNICATION NO.30131/93 DT.08.03.2000 DIRECTING THE PETITIONER TO STOP FUNCTIONING THE UNIT P8 :
COPY OF THE NOTICE NO.30131/93 DT.05.06.2000 ISSUED BY THE 1ST RESPONDENT P9 :
COPY OF THE PETITION DT.20.06.2000 SUBMITED BY THE PETITIONER BEFORE THE 1ST RESPONDENT P10 :
COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DT.20.05.2000 P11 :
COPY OF THE QUARRYING PERMIT ISSUED OT THE PETITIONER RESPONDENTS' EXHIBITS:
R3(A) :
COPY OF THE PRAYER PORTION OF OP.8141/2000 R3(B) :
COPY OF THE JUDGMENT IN OP.8141/2000 R3(C) :
COPY OF THE CIRCULAR NO.7923/G3/98 DT.25.10.98 FROM THE DEPT. OF HEALTH & FAMILY WELFARE R3(D) :
COPY OF THE AGREEMENT ENTERED INTO PETITION AND MR.P.J.JOSEPH PRODUCED IN OP.8141/2000 R3(E) :
COPY OF THE STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT AND R.D.O. IN OP NO.8141/2000 R3(F) :
COPY OF THE MINUTES OF MEETING HELD ON 20.05.2000 CONVENED BY THE 1ST RESPONDENT R3(G) :
COPY OF THE RESOLUTION TAKEN ON 13.12.99 BY THE VADASSERIKKARA GRAMA PANCHAYAT
O.P. NO.17805/2000 R3(H) :
COPY OF THE LETTER DT.14.12.99 COMMUNICATING EXT.E3(G) TO PETITIONER BY THE PANCHAYATH R3(I) :
COPY OF THE RELEVANT PORTION OF HTE LIST PUBLISHED BY THIS HONOURABLE COURT DT.10.07.2000 R3(J) :
COPY OF THE AFFIDAVIT OF MR.N.K.SIVANKUTTY, MEMBER OF VADASSERIKKARA PANCHAYAT WARD NO.IV R3(K) :
COPY OF THE AFFIDAVIT OF MR.T.C.ALEX, MEMBER OF VADASSERIKKARA PANCHAYAT WARD NO.V R5(1) :
COPY OF THE LEETTER DT.17.07.2000OF 5TH RESPONDENT TO THE 2ND RESPONDENT R5(2) :
COPY OF THE LETTER DTR.19.07.20000 OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT //TRUE COPY// P.A. TO JUDGE
ANIL K. NARENDRAN, J.
------------------------------- O.P.No.17805 of 2000 ---------------------------------------------- Dated this the 23rd day of June, 2015
JUDGMENT
The petitioner has filed this original petition seeking a writ of certiorari to quash Ext.P7 order passed by the 1st respondent dated 08.03.2000 and for other consequential reliefs.
2. From the judges' papers in O.P. No.8141/2000 it is seen that challenging the very same order, the petitioner had earlier approached this Court in that writ petition, which was dismissed as withdrawn by judgment dated 19.06.2000. When the judgment in O.P.No.8141/2000 was pointed out to the learned counsel for the petitioner, he sought time to get instructions.
3. Today, when the case was taken up for further consideration, the learned counsel for the petitioner would submit that the matter has become infructuous and the same may be dismissed as such.
4. Considering the fact that for the very same reliefs, the petitioner had earlier approached this Court in O.P.No.8141/2000, which was dismissed as withdrawn by
O.P. No. 17805/2000 judgment dated 19.06.2000, the present original petition filed by the petitioner, i.e., OP No.17805/2000 is not maintainable in law and it can only be dismissed.
In the result, O.P.No.17805/2000 is dismissed. No order to cost.
SD/- ANIL K. NARENDRAN, JV JUDGE