High Court of KeralaWP(C)/13410/2015disposed of

E.M.Sunny v. The Revenue Divisional Officer

2015-08-04Honourable Smt. Justice P.V.Asha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 13410 of 2015 (A) ---------------------------- PETITIONER:

----------- E.M.SUNNY AGED 54 YEARS MANAGING PARTNER, VICTORY GRANITE METALS MANNAMPETTA, VARAKKARA P O, TRICHUR DIST BY ADVS.SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENTS:

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1. THE REVENUE DIVISIONAL OFFICER TRICHUR 680003

2. THE GEOLOGIST OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION CHEMBUKAVU, TRICHUR 680020

3. THE SECRETARY ALAGAPPANAGAR GRAMA PANCHAYATH, ALAGAPPANAGAR TRICHUR 680302

4. GLADSON S/O.CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, TRICHUR 680301

5. SHAJU S/O.CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, TRICHUR 680301

6. ROBERT S/O.CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, TRICHUR 680301 SRI.RAFEEK.V.K., GOVERNMENT PLEADER R6 BY ADV. SRI.MAHESH V.MENON R3 BY ADV. SRI.K.S.BHARATHAN R5 BY ADV. SRI.K.G.BALASUBRAMANIAN R4 BY ADV. SRI.C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-082015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC

WP(C).No. 13410 of 2015 (A) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- P1:-TRUE COPY ORDER DTD 22/6/2011 GRANTING QUARRYING LEASE TO THE PETITIONER P2:-TRUE COPY OF THE ORDER DTD 11/4/2007 GRANTING QUARRYING LEASE IN SY NOS 1427 & 1428 P3:-TRUE COPY OF CONSENT DTD 24/12/2012 ISSUED BY THE POLLUTION CONTROL BOARD P4:-TRUE COPYOF THE LICENSE DTD 28/4/2011 WITH VALIDITY TILL 31/3/2016 P5:-TRUE COPY OF THE NO OBJECTION CERTIFICATE DTD 16/4/2015 P6:-TRUE COPY OF THE R0UGH SKETCH OF THE AREA P7:-TRUE COPY OF THE OBJECTION DTD 24/4/2015 P8:- TRUE COPY OF THE ADDITIONAL OBJECTION DT.14.5.2015 P9:- TRUE COPY OF CERTIFICATE DT.4.1.2007 ISSUED BY THE VILLAGE OFFICER, AMBALLUR P10:- TRUE COPY OF CERTIFICATE DT.16.1.2007.

3RD RESPONDENT'S EXHIBITS ------------------------- EXT.R3(A): TRUE COPY OF THE APPLICATION SUBMITTED BY RESPONDENTS 4 TO 6 DT.12.3.2015.

5TH RESPONDENT'S EXHIBITS ------------------------- EXT.R5(A): TRUE CTOPY OF LETTER DATED 24.2.2015 GIVEN BY VILLAGE OFFICER, AMBALLOOR 6TH RESPONDENT'S EXHIBITS ------------------------- EXT.R6(A): TRUE COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER, AMBALLUR EXT.R6(B): TRUE COPY OF LETTER ISSUED BY THE GEOLOGIST EXT.R6(C): TRUE COPY OF BASIC TAX RECEIPTS EXT.R6(D): TRUE COPY OF BASIC TAX RECEIPTS EXT.R6(E): TRUE COPY OF RESIDENTIAL CERTIFICATE ISSUED BY THE PUDUKKAD GRAMA PANCHAYATH EXT.R6(F): PHOTOGRAPH OF THE BUILDING CONSTRUCTED BY R5 EXT.R6(G): PHOTOGRAPH OF THE WELL IN THE PROPERTY OF R6 EXT.R6(H): TRUE COPY OF THE DIRECTIONS GIVEN BY VASTHU EXPERT. RKC TRUE COPY PA TO JUDGE

P.V.ASHA, J.

W.P.(C) No.13410 of 2015-A Dated this the 4th day of August, 2015

JUDGMENT

The petitioner is aggrieved by the grant of permit by Panchayat in favour of respondents 4 to 6 for construction of a residential building within 100 meters of his quarry.

2. Respondents have entered appearance through counsel. Respondents 4 to 6 have seriously opposed the prayers of the petitioner. According to them, permission has been granted for construction of residential building, after conducting inspection as per rules.

3. The petitioner has submitted Exts.P7 and P8 objection before the 3rd respondent Panchayat. Panchayat has filed a counter affidavit, in which they have admitted that the objection has been received and it is pending consideration.

4. In the above circumstances, there will be a direction to the 3rd respondent to consider and pass orders on Exts.P7 and P8 objections, after hearing the petitioner, respondents 4 to 6 and other affected parties, if any, within a period of one month from

W.P.(C) No.13410 of 2015-A :2:

the date of receipt of a copy of this judgment. Simultaneously, the petitioner has submitted Ext.P7 objection before the 2nd respondent also. Therefore, there will be a direction to the 2nd respondent also to consider and pass orders on Exts.P7 objection filed by the petitioner, after hearing the petitioner, respondents 4 to 6 and other affected parties, if any, within a period of one month from the date of receipt of a copy of this judgment.

Sd/- P.V.ASHA, JUDGE.

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