High Court of KeralaWP(C)/431/2015disposed of

Mujeeb Rahiman K.C. v. District Collector

2015-01-07Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 431 of 2015 (D) -------------------------- PETITIONER(S):

-------------------------- MUJEEB RAHIMAN K.C., S/O.YOUSUF HAJI, CHEMABATTU HOUSE, VALIAYAPARAMBU P.O., PULIKKAL, MALAPPURAM DISTRICT, PIN-673 637.

BY ADVS.SRI.P.VENUGOPAL, SMT.T.J.MARIA GORETTI.

RESPONDENT(S):

----------------------------

1. DISTRICT COLLECTOR, MALAPPURAM DISTRICT, PIN-676 505.

2. SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MALAPPURAM, MINI CIVIL STATION, MANJERI P.O., MALAPPURAM DISTRICT, PIN-676 121.

3. PULIKKAL GRAMA PANCHAYAT, PULIKKAL, MALAPPURAM DISTRICT, PIN-673 637, REPRESENTED BY ITS SECRETARY.

4. INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT, PIN-676 505.

5. VILLAGE OFFICER, PULIKKAL VILLAGE, MALAPPURAM DISTRICT, PIN-673 637.

6. KUDUKKIL PRANJEERY AYOOB, S/O.KOMUMOIDEEN, PERNJEERI HOUSE, VALIAYAPARAMBU P.O., PULIKKAL, MALAPPURAM DISTRICT, PIN-673 637.

R1, R2, R4 & R5 BY GOVT. PLEADER SRI.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 431 of 2015 (D) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT.

EXT.P2 COPY OF THE RECEIPT DATED 19/11/2014 ISSUED BY THE THIRD RESPONDENT.

EXT.P3 COPY OF THE RECEIPT DATED 20/11/2014 ISSUED BY THE FOURTH RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

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

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 431 of 2014 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of January, 2015

JUDGMENT

The grievance of the petitioner is with regard to the illegal quarrying operation being done by the 6th respondent without having any support of the relevant provisions of law and the requisite licence/consent/certificate to be issued by the concerned authorities. It is in the said circumstances that the petitioner has approached the first respondent by filing Ext. P1 representation . The petitioner has also preferred similar representations before the third and fourth respondents as borne by Exts. P2 and P3 receipts. The delay in considering the matter by the first respondent made the petitioner to approach this Court by filing the present writ petition.

2. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the first respondent to consider and pass appropriate orders on Ext. P1 representation within a reasonable time.

3. Heard the learned Government Pleader as well.

W.P.(C) No. 431 of 2015 : 2 :

4. Considering the limited nature of relief sought for, this Court does not find it necessary to adjudicate the matter on merits or to issue notice to the 3rd and 6th respondents. The Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P1 representation, in accordance with law, after giving an opportunity of hearing to the petitioner and also to the 3rd and 6th respondents, at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment.

Petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd