High Court of KeralaWP(C)/33350/2015disposed of

Sunil S v. State Of Kerala

2015-11-025 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 33350 of 2015 (P) ---------------------------- PETITIONER(S):

-------------------------- SUNIL S., VILAYIL PUTHEN VEEDU, KARIMPALLOOR, THETHIKKULAM, PUTHENKULAM P.O., PARIPPALLY, KOLLAM.

BY ADV. SRI.P.SIVARAJ.

RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE SENIOR GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOLLAM-691 002.

3. R. MURALEEDHARAN, POIKAYIL VEEDU, THAZHAM THEKKU, CHATHANNOOR P.O., KOLLAM-691 001.

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 33350 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE JUDGMENT DATED 20/10/2014 IN WP(C).NO.31120/2011. EXT.P2 COPY OF THE ORDER DATED 19/08/2015 IN I.A. NO.11862/2015 IN WP(C).NO.31120/2011.

EXT.P3 COPY OF THE REPRESENTATION DATED 30/09/2015 SUBMITTED BY THE PETITIONER AND OTHERS TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 33350 of 2015 ---------------------------------------- Dated this the 2nd day of November, 2015

J U D G M E N T

Petitioner alleges that the third respondent is attempting to conduct laterite quarrying, in Sy.Nos.16/11-1,16/12-1 of Paripally Village of Kalluvathukkal Panchayat in Kollam District, adjacent to the houses of the petitioner and four others within a distance of 50 metres violating the provisions of Kerala Minor Mineral Concession Rules. The petitioner, apprehending that the second respondent/the Senior Geologist would issue quarrying permit overlooking the distance rules, has approached this Court.

The petitioner and the persons residing close to the quarrying site, have submitted a representation as Ext.P3.

2. This Court is of the view that if the quarrying permit has not been issued so far, in favour of the third respondent, necessarily the second respondent or any other competent Geologist shall advert to

WP(C).NO. 33350 OF 2015 :-2-:

the objections of the petitioner, as to the distance rules. This writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO. 33350 OF 2015 :-3-: