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High Court of KeralaWP(C)/30975/2015closed

Manoj Kumar N.T. v. The State Of Kerala

2015-10-12Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 30975 of 2015 (S) ---------------------------- PETITIONERS :

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1. MANOJ KUMAR N.T., NADAKASHALA HOUSE, S/O.T.P.THIRIVIKRAMAN NAIR, RESIDING AT MAMBRA, KARUKUTHI P.O., PARAKKADAVU VILLAGE, ALUVA THALUK.

2. SIJO K.V., KALLAPARAMBAN HOUSE, S/O.VARGHESE K.O., RESIDING AT MAMBRA, KARUKUTHI P.O., PARAKKADAVU VILLAGE, ALUVA THALUK.

BY ADVS.SRI.PRATHAP PILLAI SRI.V.SHYAM RESPONDENTS :

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1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR (THE DISTRICT MAGISTRATE), ERNAKULAM - 682 030.

3. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 001.

4. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT - 682 030.

5. THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30975 of 2015 (S) --------------------------------- APPENDIX PETITIONERS' EXHIBITS :

EXT.P1 : TRUE COPY OF THE APPLICATION DATED 18.08.2015 WITH ENGLISH TRANSLATION.

EXT.P2 : TRUE COPY OF THE APPLICATION DATED 18.08.2015 WITH ENGLISH TRANSLATION.

EXT.P3 : TRUE COPY OF THE REPORT PROVIDED BY 4TH RESPONDENT WITH ENGLISH TRANSLATION.

EXT.P4 : TRUE COPY OF THE REPORT PROVIDED BY 4TH RESPONDENT WITH ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 30975 of 2015 --------------------------------------------------------------- Dated this the 12th day of October, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner. This public interest litigation has been filed by the petitioner raising grievance against the functioning of quarries without environmental clearance.

2. The petitioner's case is that he has obtained information under the Right to Information Act which indicate that large number of quarries are running without obtaining environmental clearance.

3. Learned Government Pleader submits that the petitioner does not appear to have submitted any complaint before the second or fourth respondents and in the event any such complaint is submitted, appropriate authority shall look into the matter.

4. In the writ petition, the petitioner has not impleaded any of the quarry owners as party respondents. We are of the

W.P(C). No.30975/15 view that the remedy available to the petitioner is to submit a proper complaint before the second and fourth respondents giving all relevant details, ie., for the second and fourth respondents to take appropriate action.

With this observation the writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE // True copy // sou.