High Court of KeralaWP(C)/28359/2015disposed of

D.Lawrence v. The District Collector

2015-09-18Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28359 of 2015 (T) ---------------------------- PETITIONER :

--------------------- D. LAWRENCE AGED 48, S/O. DASAN EBANEZER HOUSE, PD ROAD NJANDOORKONAM, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S. HAMEED RESPONDENT(S) :

---------------------------- 1.

THE DISTRICT COLLECTOR THIRUVANANTHAPURAM, OFFICE OF THE DISTRICT COLLECTOR KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN CODE - 695 001. 2.

THE SENIOR GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN CODE - 695 004.

THE VILLAGE OFFICER ULIYAZHUTHURA, THIRUVANANTHAPURAM PIN CODE - 691 601.

THE SUB INSPECTOR OF POLICE POTHENCODE POLICE STATION THIRUVANANTHAPURAM DISTRICT PIN CODE - 695 584.

JAYAN AGE 36, S/O. MADHAVAN NADAR VADAKKUMKARA VEEDU, NJAANDOORKONAM CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM PIN CODE - 695 587.

R1 TO R4 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 28359 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF THE SALE DEED DATED 18/2/2014 EXECUTED BY THE PETITIONER AND HIS IN THE NAME OF THEIR DAUGHTER. EXT.P2 PHOTOCOPY OF THE TAX RECEIPT DATED 18/6/2015 ISSUED FROM ULIYAZUTHURA VILLAGE OFFICE IN THE NAME OF DAUGHTER OF PETITIONER.

EXT.P3 PHOTOCOPY OF THE COMPLAINT DATED 24/8/2015 FILED BY THE PETITIONER BEFORE THE ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM.

EXT.P4 PHOTOCOPY OF THE STOP MEMO DATED 24/8/2015 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.

EXT.P5 PHOTOCOPY OF THE REPORT NO. 638/15 DATED 24/8/2015 SENT BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

EXT.P6 PHOTOCOPY OF THE REPRESENTATION DATED 2/9/2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28359 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

J U D G M E N T

Petitioner raised a complaint against the fifth respondent for illegally extracting soil from the land situated in Re-Survey No.200/6 in Block No.14 of Uliyazhithura Village. Based on the complaint, a stop memo was issued by the Village Officer. Petitioner submits that in spite of stop memo, the fifth respondent is continuing with illegal activities.

2. If the stop memo has not been interdicted by the competent authority so far, appropriate steps shall be taken by the second respondent, if necessary with the assistance of the fourth respondent to stop the activities of the fifth respondent. If a request is made, the fourth respondent shall also render necessary assistance to the petitioner.

WP(C).NO. 28359 OF 2015 :-2-:

This writ petition is disposed of with the above direction. sd/- A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO. 28359 OF 2015 :-3-: