Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943 WP(C).No.25050 OF 2020(E) PETITIONER/S: BADAR, AGED 61 YEARS, S/O. YOUSAF(LATE), THARAYIL HOUSE, KALLADIPATTA, ONGALLUR, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.K.RAKESH RESPONDENT/S:
1 THE STATE OF KERLA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001. 2 THE DISTRICT GEOLOGIST OFFICE OF THE DISTRICT GEOLOGIST, PALAKKAD, PIN - 678001. 3 THE ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL BOARD, PALAKKAD, PIN - 678001. 4 THE SECRETARY ONGALLUR GRAMA PANCHAYATH, KALLADIPATTA PO, ONGALLUR, PALAKKAD DISTRICT, PIN - 679313. 5 YOUSAF, S/O. FAKKEER, JENNATH MANZIL, PATTAMBI P O, PALAKKAD DISTRICT, PIN - 679303. 6 RASIYA, W/O. YOUSAF, KALARIKKAL HOUSE, SANKARAMANGALAM P O, PALAKKAD DISTRICT, PIN - 679303. 7 THE DISTRICT POLICE CHIEF, PALAKKAD, PALAKKAD DISTRICT, PIN - 678001. 8 THE STATION HOUSE OFFICER, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, PIN - 679303. R4 BY ADV. SRI.R.SREEHARI R5-6 BY ADV. SRI.L.RAJESH NARAYAN BY SRI.T.NAVEEN, STANDING COUNSEL BY SRI.MANURAJ, K.J., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2021, ALONG WITH WP(C).1509/2021(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943 WP(C).No.1509 OF 2021(K) PETITIONER/S: 1 YOOSAF A.M., AGED 53 YEARS, S/O.FAKKAER, JANNATH MANZIL, NEAR MES SCHOOL, PATTAMBI, PALAKKAD. 2 RASIYA, W/O. YOOSAF, JANNATH MANZIL, NEAR MES SCHOOL, PATTAMBI, PALAKKAD. BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT GEOLOGIST, O/O. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, TOWN BUS STAND COMPLEX, PALAKKAD-678014. 3 SECRETARY, ONGALLUR GRAMA PANCHAYATH, KALLADIPATTA P.O., ONGALLUR, PALAKKAD-679313. 4 BADAR, AGED 61 YEARS, S/O. LATE YOUSAF, THARAYIL HOUSE, KALLADIPATTA, ONGALLUR, PATTAMBI, PALAKKAD-679303. R1-R2 BY SRI.MANURAJ, K.J., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2021, ALONG WITH WP(C).25050/2020(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)Nos.25050 of 2020 & ---------------------------------------------------
JUDGMENT
The issues involved in these writ petitions being closely interlinked, they are disposed of by this common judgment. The parties and documents are referred to in this judgment, as they appear in W.P.(C)No.25050 of 2020.
2. Respondents 5 and 6 obtained Ext.R5(d) development
permit and Ext.R5(c) building permit from the Ongallur Grama Panchayat for the purpose of constructing a building in their property referred to in the writ petition. It is stated by respondents 5 and 6 that it is necessary for them to remove 4251.9 metric tones of ordinary earth from the land for the purpose of putting up the building proposed by them and they have therefore obtained Ext.R5(e) permission also for removal of the said quantity of ordinary earth from
their land. While the work pursuant to Exts.R5(d) and R5(c) was being undertaken by respondents 5 and 6, the Panchayat has issued Ext.R5(f) stop memo alleging that the removal of ordinary earth from the land is not in accordance with the conditions stipulated in Ext.R5(e) order. Respondents 5 and 6 challenged Ext.R5(f) before the Tribunal for Local Self Government Institutions in Appeal No.471 of
2020. The said appeal is pending. Respondents 5 and 6 could secure an interim order also in the said appeal staying Ext.R5(f) stop memo. Later, on 10.11.2020, the Panchayat has recalled Ext.R5(d) development permit issued to respondents 5 and 6 also. Ext.P1 is the
order issued by the Secretary of the Panchayat in this regard.
Respondents 5 and 6 challenged Ext.P1 order also before the Tribunal for Local Self Government Institutions in Appeal No.123 of 2021 and they could secure an interim order staying the operation of Ext.P1
order in the said appeal also.
3. In the meanwhile, the writ petition is filed alleging
that despite Ext.P1 order, respondents 5 and 6 are continuing the work interdicted by the Pachayat. The relief sought for in the writ petition is for a direction to the Panchayat to stop the mining and construction activity undertaken by respondents 5 and 6. In the writ petition, this Court passed an interim order on 16.12.2020 directing the second respondent to take measures forthwith to prohibit the mining and construction activities undertaken by respondents 5 and 6.
4. It is seen that in the meanwhile, the term fixed for removal of the ordinary earth in terms of Ext.R5(e) permission
expired. Respondents 5 and 6, therefore, preferred an application for fresh permission for removal of ordinary earth from the land. W.P.(C) No.1509 of 2021 was filed by respondents 5 and 6 to grant the permission sought by them.
5. Heard the learned counsel for the petitioners.
6. Having regard to the facts and circumstances of the
case, this court felt that the grievance of the petitioners would be redressed substantially, if Appeal Nos.123 of 2021 and 471 of 2020 pending before the Tribunal for Local Self Government Institutions are disposed of finally. Having taken the said view, this Court ascertained the views of the Tribunal, and the Tribunal informed that the appeals can be disposed of within fifteen days.
In the circumstances, these writ petitions are disposed of directing the Tribunal for Local Self Government Institutions, Thiruvananthapuram to dispose of Appeal Nos.123 of 2021 and 471 of 2020 within three weeks. The contentions raised by the parties are left open.
Sd/- P.B.SURESH KUMAR JUDGE rkj APPENDIX OF WP(C) 25050/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMMUNICATION SO ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED, 10.11.2020. EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE EXTENT OF MINING ACTIVITY CARRIED OUT BY THE PARTY RESPONDENT WITHOUT ANY PERMITS. EXHIBIT P3 TRUE COPY OF THE COMPLAINT EARLIER MADE BY THE PETITIONER TO THE SECRETARY, ONGALLUR GRAMA PANCHAYATH DATED 28/10/2020 EXHIBIT P3(a) TRUE COPIES OF THE POSTAL RECEIPTS OF THE COMPLAINANT MADE BY THE PETITIONER DATED RESPONDENT'S/S EXHIBITS: EXHIBIT R5(a) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 7.10.20. EXHIBIT R5(b) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30.10.20 EXHIBIT R5(c) TRUE COPY OF THE BUILDING PERMIT NO.A4/970 DATED 28.2.2020. EXHIBIT R5(d) TRUE COPY OF THE DEVELOPMENT PERMIT NO. A5-7915/19 DATED 18.3.2020. EXHIBIT R5(e) TRUE COPY OF THE ORDER DATED 19.10.20. EXHIBIT R5(f) TRUE COPY OF THE STOP MEMO DATED 28.10.2020 NO.A5 7915/19. EXHIBIT R5(g) TRUE COPY OF THE ORDER IN I.A.NO.927/2020 DATED 3.11.2020. EXHIBIT R5(h) TRUE COPY OF THE REQUEST DATED 5.11.20. EXHIBIT R5(i) TRUE COPY OF THE RELEVANT PAGES OF THE AMENDMENT. APPENDIX OF WP(C) 1509/2021 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF SALE DEED NO.835/19 DATED EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07/10/2020. EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30/10/20. EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT NO.A4-970 DATED 28/02/2020.
EXHIBIT P5 TRUE COPY OF THE DEVELOPMENT PERMIT NO. A5- EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19/10/2020. EXHIBIT P7 TRUE COPY OF THE LETTER NO. A-6651/19 DATED EXHIBIT P8 TRUE COPY OF THE STOP MEMO DATED EXHIBIT P9 TRUE COPY OF THE ORDER IN IA NO.927/2020
DATED 03/11/2020. EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 05/11/2020. EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.D.O.P/2152/2020/A2 DATED 21/12/2020. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 16/12/2020 IN WPC NO.25050/2020. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF THE AMENDMENT. RESPONDENT'S/S EXHIBITS: ANNEXURE I TRUE COPY OF THE LETTER NO.B2-6314/20 DATED 03.11.2020.