Santhosh.T.D. v. Geologist
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 29498 of 2012 (J) ---------------------------- PETITIONER(S) :- ----------------- SANTHOSH.T.D., AGED 33 YEARS S/O.DEVASSY KUTTY, THEKKINIYATH HOUSE, NALUKETTU DESOM, KORATTY KIZHAKKUMURY VILLAGE, KORATTY P.O., THRISSUR DISTRICT.
BY ADVS.SRI.SHOBY K.FRANCIS SRI.AGI SHOBY SMT.M.M.LAIJU NISSA RESPONDENT(S) :- -----------------
1. GEOLOGIST OFFICE OF THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CHEMBUKKAVU P.O., THRISSUR DISTRICT, PIN - 680 021.
2. VILLAGE OFFICER KORATTY KIZHAKKUMURY VILLAGE, KORATTY P.O., THRISSUR DISTRICT - 680 308.
3. SUB INSPECTOR OF POLICE KORATTY POLICE STATION, KORATTY P.O., THRISSUR DISTRICT - 680 308.
4. JIMMY PAUL, AGED 45 YEARS S/O.PAUL, PERPPADAN HOUSE, NALUKETTU P.O., THRISSUR DISTRICT, PIN - 680 308.
R4 BY ADV. SRI.K.S.BHARATHAN R1 TO R3 BY GOVERNMENT PLEADER SRI.REJI JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).NO.29498 OF 2012 APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 :- TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 TO 3 DATED 20.11.2012. EXT.P2 :- TRUE COPY OF THE WRITTEN COMPLAINT DATE 4-12-12, SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 :- TRUE COPY OF THE COMPLAINT DATE 4-12-12 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT POLICE. EXT.P4 :- TRUE COPY OF THE STOP MEMO DATED 5-12-12 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS :- NIL.
//TRUE COPY// P.A. TO JUDGE
A.M.SHAFFIQUE, J -------------------------------------- W.P(C). No. 29498 of 2012 -------------------------------------- Dated this the 13th day of November, 2015
J U D G M E N T
Petitioner has approached this Court seeking for a direction to respondents 1 to 3 to take appropriate action against fourth respondent from extraction, removal and transportation of ordinary earth from the property situated at Koratty, Nalukettu and Kizhakkumury and filling of the said land. The main contention urged by the petitioner is that the 4th respondent, after purchasing land, without obtaining necessary permission started extracting ordinary earth. Though stop memo has been issued by the Village Officer on 5.12.2012, no action has been taken to enforce the same.
2. Counter affidavit has been filed by the second respondent inter alia contending that though stop memo was issued by the Village Officer, the land owner had produced certificate bearing No.B.9153/12 dated 28.11.2012 of the Secretary, Koratty Grama panchayat permitting removal of sand from Sy.No.1107/3. The matter as reported to the Tahsildar, Mukundapuram. It is further stated that subsequent to the petition submitted by the petitioner, site inspection was conducted and it was noticed that no mining sanction was
W.P(c).29498/12 produced at the time of verification and stop memo was issued under the presumption that the removal of the earth was unauthorised. Later the land owner produced permit for removal of the sand issued by the Secretary of Grama Panchayat.
3. The petitioner submits that the reasons stated in the counter affidavit is absolutely baseless. The Secretary of the Grama Panchayat has no right to grant permission for removal of ordinary earth.
4. Such being the facts, it is for the competent authority to verify whether the fourth respondent is continuing removal of the ordinary earth from the property, without any valid licence or permit from the competent authority.
5. Under such circumstances, there will be a direction to the first respondent to ensure that no ordinary earth is removed by the fourth respondent without obtaining necessary permission from the competent authority. As far as claim of the petitioner is concerned, if he has got a contention regarding nuisance caused by the removal of earth, his remedy is to approach the Civil Court for appropriate reliefs. With these observations, the writ petition is disposed of. Sd/- A.M.SHAFFIQUE, JUDGE // TRUE COPY // sou.19/11/15