N.O Devassy vs the District Magistrate

N.O Devassy vs The District Magistrate

Type Court Judgment Court Kerala Orders Decided Jan 24, 2022

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https://sooperkanoon.com/case/1554565

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Citation: sooperkanoon.com/1554565
Court: Kerala Orders High Court
Judge: Honourable the Chief Justice Mr.S.Manikumar,Honourable Mr. Justice Shaji P.Chaly
Decided On: Jan 24, 2022
Case Number: WP(C)/22256/2016

Parties & Advocates

Appellant / Petitioner

N.O Devassy

Respondent

The District Magistrate

Excerpt

.....wp(c)nos.22256 & 22597 of 2016 5judgmentdated this the 24th day of january, 2022 s.manikumar,cj. these writ petitions are filed by the petitioners seeking the following reliefs: w.p.(c) no.22256 of 2016i) issue a writ of certiorari calling for the records leading to exts.p2 and p3 and quash the original of the same. ii.) issue a writ of mandamus or any other writ, order or direction commanding respondents 1 and 2 to interfere in the matter and ensure that there will not be any violation of the conditions in exhibit p1 order while passing orders like exhibits p2 and p3. iii) issue such other writ, order or direction as this hon'ble court may deem fit and proper in the circumstances of the case .w.p.(c) no.22597 of 2016i) issue a writ of mandamus or any other writ, order or direction directing respondents 1 to 4 to take appropriate action against the 5 th and 6th respondents as they caused damage to the natural resources by removing the earth without authority of law; ii) issue a writ of mandamus to respondents 1 to 4 to deter the 5 th and 6th respondents from doing any commercial activity in the land leveled by carving out a hill without authority of law. iii) issue a writ of mandamus or any other writ, order or directionwp(c)nos.22256 & 22597 of 2016 6 commanding respondents 1 to 4 to interfere in the matter and ensure that there will not be any violation of the conditions in exhibit p1.2. today when the matter is taken up, mr.k.praveen kumar, learnedcounsel for petitioners submitted that, the writ petitions have become infructuous. placing on record the above, the writ petitions are dismissed as infructuous. sd/- s. manikumar, chief justice sd/- shaji p. chaly, judge, smv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 WP(C) NO. 22256 OF 2016 PETITIONERS: 1 N.O DEVASSY AGED 61 YEARS S/O.OUSEPH, AGED 61 YEARS, NALAPPATT HOUSE, CHOONDAYIL P O, VYTHIRI, WAYANAD DISTRICT. 2 ADV.P.CHATHUKUTTY AGED 64 YEARS S/O.SAMY, AGED 64 YEARS, AISWARYA, KALPETTA NORTH, WAYANAD DISTRICT. BY ADV SRI.K.PRAVEEN KUMAR RESPONDENTS:
1 THE DISTRICT MAGISTRATE (DISTRICT COLLECTOR) WAYANAD-670721. 2 THE REVENUE DIVISIONAL OFFICER KALPETTA, WAYANAD, PIN-670721. 3 ADDITIONAL DISTRICT MAGISTRATE WAYANAD-670721. 4 THE GEOLOGIST MINING & GEOLOGY DEPARTMENT, WAYANAD-670721. 5 THE MANAGER, ENGINEERING KOZHIKODE RETAIL RO, HINDUSTAN PETROLEUM CORPORATION LIMITED, KOZHIKODE, PIN-670325 6 SMT.MANJERI SAINABA D/O.MOOSA, MANJERI HOUSE, KATIHAKKAL P O, PANAMARAM, WAYANAD-670721. 7 THE VILLAGE OFFICER CHERUKATTOOR, WAYANAD, PIN-670721. 8 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. ADDL.R9 PANAMARAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PANAMARAM, WAYANAD-670721. ADDL.R10 THE CHIEF TOWN PLANNER NANTHANCODU, THIRUVANANTHAPURAM-695003.
WP(C)Nos.22256 & 22597 of 2016 2 ADDITIONAL R9 & R10 ARE IMPLEADED AS PER ORDER DATED 20.2.2017 IN I.A.NO.2809/17. BY ADVS. SRI.BEJOY CHANDRAN, GOVERNMENT PLEADER FOR R1 TO R4, R7, R8 & R10 SRI.M.GOPIKRISHNAN NAMBIAR FOR R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2022, ALONG WITH WP(C).22597/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)Nos.22256 & 22597 of 2016 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 WP(C) NO. 22597 OF 2016 PETITIONERS: 1 N.O. DEVASSY AGED 61 YEARS S/O. OUSEPH, NALAPPATT HOUSE, CHOONDAYIL P.O VYTHIRI, WAYANAD DISTRICT 2 ADV. P CHATHUKUTTY S/O. SAMY, AGED 64 YEARS, AISWARYA, KALPETAA NORTH, WAYANAD DISTRICT BY ADV SRI.K.PRAVEEN KUMAR RESPONDENTS:
1 THE DISTRICT MAGISTRATE, WAYANAD WAYANAD 670 721 2 THE REVENUE DIVISIONAL OFFICER KALPETTA, WAYANAD 670 721 3 ADDITIONAL DISTRICT MAGISTRATE WAYANAD 670 721 4 THE GEOLOGIST MINING & GEOLOGY DEPARTMENT, WAYANAD 670 721 5 THE BHARAT PETROLEUM CORPORATIONLTD REPRESENTED BY ITS TERRITORY MANAGER VANDIPETTA, KOZHIKODE 673 011 6 A.C NASSAR ATHILAN, KOTTARAKKUNNU, VELLAMUNDA, WAYANAD 670 731 7 TAHASILDAR MANANTHAVADI, WAYANAD 670 645 8 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
WP(C)Nos.22256 & 22597 of 2016 4 BY ADVS. SRI.BEJOY CHANDRAN, GOVERNMENT PLEADER FOR R1 TO R4, R7 & R8 SRI.M.GOPIKRISHNAN NAMBIAR FOR R5. SRI.V.A.MOHAMMED FOR R6

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2022, ALONG WITH WP(C).22256/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)Nos.22256 & 22597 of 2016 5

JUDGMENT

Dated this the 24th day of January, 2022 S.MANIKUMAR,CJ. These writ petitions are filed by the petitioners seeking the following reliefs: W.P.(C) No.22256 of 2016

i) issue a writ of certiorari calling for the records leading to Exts.P2 and P3 and quash the original of the same. ii.) Issue a writ of mandamus or any other writ, order or direction commanding respondents 1 and 2 to interfere in the matter and ensure that there will not be any violation of the conditions in Exhibit P1 order while passing orders like Exhibits P2 and P3. iii) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case .

W.P.(C) No.22597 of 2016

I) Issue a writ of mandamus or any other writ, order or direction directing respondents 1 to 4 to take appropriate action against the 5 th and 6th respondents as they caused damage to the natural resources by removing the earth without authority of law; ii) Issue a writ of mandamus to respondents 1 to 4 to deter the 5 th and 6th respondents from doing any commercial activity in the land leveled by carving out a hill without authority of law. iii) Issue a writ of mandamus or any other writ, order or direction

WP(C)Nos.22256 & 22597 of 2016 6 commanding respondents 1 to 4 to interfere in the matter and ensure that there will not be any violation of the conditions in Exhibit P1.

2. Today when the matter is taken up, Mr.K.Praveen Kumar, learned

counsel for petitioners submitted that, the writ petitions have become infructuous. Placing on record the above, the writ petitions are dismissed as infructuous. Sd/- S. MANIKUMAR, CHIEF JUSTICE Sd/- SHAJI P. CHALY, JUDGE, Smv

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