High Court of KeralaWP(C)/16944/2010disposed of

G.K.Saraswathy & Another v. The District Collector & Others

2015-07-27Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 -------------------------------------- PETITIONER(S):

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1. G.K.SARASWATHY, AGED 61, W/O.V.K.GOPINATHAN, MELPADAVIL HOUSE, VAIKOM TALUK, VADAKKE MURI VILLAGE, UDAYANAPURAM P.O., PIN-686 143.

2. PADMAVATHY AMMA, AGED 68, W/O.P.RAVINDRANATHAN PILLAI, RESIDING AT 'SREERAG', AROOR P.O., ALAPPUZHA, PIN-688 534.

BY ADVS.SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM.

2. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, PALA.

3. THE TAHSILDAR, VAIKOM TALUK, KOTTAYAM DISTRICT.

4. THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOTTAYAM.

5. MARAVANTHURUTHU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MARAVANTHURUTHU, VAIKOM TALUK, KOTTAYAM DISTRICT.

6. THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM.

Msv/ -2-

-2- ---------------------------------------

7. SURENDRAN, AGED 58, S/O.KOCHU PILLAI, PULIKKIYIL HOUSE, KULASEKHARAMANGALAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT - 686 608.

8. DEVAKI, AGED 60, D/O.KOCHU PILLAI, AMBATTU HOUSE, VAIKOM TALUK, KOTTAYAM DISTRICT, ENADI P.O.

R1 TO R4 & R6 BY GOVERNMENT PLEADER SRI.S.JAMAL R5 BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA R7 & R8 BY ADV. SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

-------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF COMISSION REPORT ALONG WITH THE ROUGH SKETCH DTD.3.5.2010.

EXT.P2: TRUE COPY OF THE COMPLAINANT DTD.5.5.2010 SUBMITTED BY THE 2ND PETITIONER AND OTHER CO-OWNERS.

EXT.P3: TRUE COPY OF THE RECEIPT ISSUED BY 5TH RESPONDENT. EXT.P4: TRUE COPY OF THE LAWYER NOTICE DTD.11.5.2010. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K. VINOD CHANDRAN, J.

- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - W.P(C) No.16944 of 2010 - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - Dated this the 27th day of July, 2015

J U D G M E N T

The petitioners in the above writ petition were aggrieved with the illegal mining operations carried on by the respondents 7 and 8 in the property adjacent to the property of the petitioner. The 1st petitioner is also said to have filed a suit against the quarrying operation conducted by the respondents 7 and 8. The suit was decreed prohibiting the respondents 7 and 8 from carrying on quarrying operations but only to the extent of 5 meters from the boundary of the petitioners. The petitioner is said to have filed an appeal from the decree claiming that in fact the prohibition should be to the extent of 10 meters. The appeal is also dismissed and against the same a second appeal was filed and the same is pending as S.A No.1191/2014. There is also an interim order passed in the

WPC.No.16944/2010 : 2 :

above writ petition as early as on 02.06.2010, staying the mining operations of the respondents 7 and 8. The same shall continue subject to the result of the Second Appeal. Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge