Court : Kerala
Reported in : 2004(1)KLT917
ORDERJ.M. James, J.1. The first accused, the Secretary, Kumarakom Lime Shell Co-operative Ltd. No. 17/82, Kumarakom, Kottayam District, along with accused 2 to 69, who are the members of the first petitioner Society, are facing the allegation for the violation of 4(1) read with Section 21(1) and 23 of the Mines and Minerals (Regulation and Development) Act, 1957, in short 'the Central Act', in C.C. No. 104/2001 on the file of the Judicial Magistrate of the 1st Class, Ramankari. They have come up before this Court by filing this petition under Section 482 Cr. P.C. to quash Annexure-I complaint filed by the second respondent, Geologist, District Office, Department of Mining and Geology, Alappuzha.2. The facts required for disposal of this petition are that, on 24.10.2000, the Assistant Sub Inspector of Police, Pulinkunnu, Alappuzha District, had seized 66 country boats, with 250 tins (one tin = one cubic foot) of white lime shells. He took the boats and the lime shells into custody, as a...
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT335
ORDERK. Padmanabhan Nair, J.1. This Criminal Miscellaneous Case is filed by the petitioners, who are accused Nos. 1 and 2 in S.T.No. 2240 of 2004 on the file of the Judicial First Class Magistrate-III, Thrissur to quash a private complaint filed by the first respondent, Sri Rajaji Mathew Thomas.2. S.T.No. 2240 of 2004 arises from a private complaint filed by the first respondent alleging that the petitioners along with four others committed an offence punishable under Section 499 and 500 of the Indian Penal Code. The complainant/first respondent is a follower of Communist Patty of India and General Secretary of All India Youth Federation; a Youth Wing of C.P.I. He was also stated to be the Vice President of World Youth Federation known as WFDY for a period of 11 years and a person who presented papers in Seminars held in 40 countries. He is working as Executive Member of C.P.I., Thrissur District and also working as a co-ordinator for Kerala Social Forum.3. Petitioners, who are accused...
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker8
Shanmugam, J.1. Since the issues involved in these original petitions are of great importance viewed from any angle, the matter was referred, according to the learned Judge, to be decided by a Bench of this Court by order dated 15-2-1991. Therefore the matter was posted before the Division Bench.2. O. P. No. 6041 of 1981 was filed praying for the issue of a writ of mandamus to direct the 1st respondent to constitute a committee of experts to study the reasons for the poisonous fog formation in Cochin City and to suggest remedial measures. Learned single Judge by order dated 26-2-1986 directed the National Environmental Engineering Research Institute (NEERI) to investigate the air pollution within the city and surrounding areas and further called for reports from NEERI for any remedial measures and specifications envisaged for preventing air pollution. The NEERI submitted their final report on 29-8-1990. The learned single Judge by order dated 21-12-1990 after considering the final repo...
Tag this Judgment!Court : Kerala
Reported in : 2006CriLJ4391
V.K. Bali, C.J.1. A partnership firm with the name and style 'M/s. LIS, Ernakulam' is said to be conducting the business of making available Government lottery tickets to the public under the Multi Level Marketing principle in partnership. As per its own showing, the partnership has registered three lakhs members in the scheme evolved by it. Though it is not mentioned in sufficient details in the writ petitions or criminal miscellaneous case, but as revealed during the investigation and not disputed during the course of arguments, the managing committee of the trust stated to be P.V. Chacko, Kuriachan Chacko and Joy John met on 11-11 -2002 and decided to permit Kurian Chacko to conduct lottery ticket business in the brand name LIS. Kurian Chacko was to conduct the business of his own either as a proprietary concern or as a partnership or as a limited company. Kuriachan Chacko had to make available necessary funds for the trust and its members. In pursuance of the resolution, Kuriachan ...
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
Paripoornan, J. 1. This is a public interest litigation. It concerns the famous Sree Krishna Temple, Guruvayur -- a very ancient temple of unique importance worshipped and held in great reverence by millions all over the country. The temple owns extensive movable and immovable properties and endowments. The temple has its own heritage and traditions of renowed referred memory, which adds grandeur and majesty to it over the entire globe. Shri C.K. Rajan, Chennara House, P.O. Nhamanghat, via. Kunnamkulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple, Guruvayur. A statement from Shri C.K. Rajan was recorded by the Registrar of this Court on 11-2-1993. He owned the sending of the petition, its content, etc. Gross irregularities, misadministration and various lapses were disclosed. The matter was placed before My Lord the Chief Justice, who, by order dated 11...
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
Mohammed, J.1. What is before us is a theme of intense debate involving the use and occupation of forest lands and its inevi-table reaction to ecological balance and environmental outfit. This is brought to us by way of a 'public interest litigation' moved by a registered Society known as 'Nature Lovers Movement'.2. 'Love of nature' is not a modern phenomenon. It existed from the beginning of the humanity itself. 'Man is the measure oi all things.' so said Plato. Man loves nature and nature in turn nourishes him. Man serves society and society in turn preserves him. Nature and society are thus interdependent and the duty of man to them is inherent. These basic percepts envisage the protection of environment and preservation of humanity. But 'For the greenest of environmentalists, humans are oflesser importance than the abundant and diverse flora and fauna of the planet. Humans are defined as a recent addition to the livestock and are considered to have been a wholly disruptive influenc...
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1. The scope of the 'NOC' to be issued by the District Authority under Rule 144 of the Petroleum Rules, 2002 is the subject matter involved in all these writ petitions. 2. The crux of the contentions raised, except W.P.(C) No. 4863 of 2011, is that the petitioners are the existing retail dealers of petroleum products marketed/distributed by the three Oil Companies in the public sector, viz. The Indian Oil Corporation Limited, The Bharat Petroleum Corporation Limited and The Hindustan Petroleum Corporation Limited. The said petitioners are stated as aggrieved of the steps being taken by the Petroleum Companies (Company in short) to appoint new retail outlet dealers in the respective areas, inviting applications in this regard through advertisements, without any regard to the feasibility or the potential of the area and in turn, affecting the returns of the petitioners quite adversely. It is contended that, because of the unhealthy competition among the Companies in setting up more and m...
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
ORDERV.K. Bali, C.J. and K.P. Padmanabhan Nair, J.1. I have gone through the illuminative concurring judgments of Abdul Gafoor and Balakrishnan Nair, JJ. as also the concurring judgments of Kurian Joseph and Padmanabhan Nair, JJ. expressing however, a different view than the one expressed by Abdul Gafoor and Balakrishnan Nair, JJ. The present may be one of the rarest of rare cases where every Honourable Member of the Bench has chosen to write, even though concurring with the other, his own judgment. May be that the Honourable Member of the Bench concurring with the other wished to express the same view point in his own way.2. I have given deep and anxious the (sic) to both the views and after considering and reconsidering the whole issue, I have come to the conclusion that the view expressed by Kurian Joseph and Padmanabhan Nair, JJ. appears to be correct. With respect, thus, I would differ with the view taken by Abdul Gafoor and Balakrishnan Nair, JJ. Tenant means any person by whom o...
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
Varghese Kalliath, J. 1. This isa public interest litigation. Petitioner is a society registered under the Travancore-Cochin Charitable, Literary and Scientific Societies Act. It claims that it is involved in legal research legal literacy and espousing public interest causes before Courts.2. In this petition the petitioner wants to spearhead and underscore the high potency danger involved in allowing to continue the operation by the first respondent a 10,000 tonne Ammonia Storage Tank in Willingdon Islandin Port Area.3. The first respondent the Fertilizers and Chemicals Travancore Ltd., Udyogamandal is a public sector undertaking. It is engaged in the production of fertilisers. O. 27% of the shares in the Company is held by the public, the balance being held by the Government of India, the Government of Kerala, the Government of Tamil Nadu and the Government of Andhra Pradesh. Its manufacturing units for production of chemical fertilisers are Cochin Division at Ambalamedu and Udyogaman...
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker300
Sankarasubban, J.1. All these cases have been referred to the Full Bench by a Bench consisting of T.V. Ramakrishnan and A.S. Venkatachala Moorthy, JJ. The question for consideration is regarding the royalty payable by the petitioners on minerals extracted from the properties belonging to them. According to the petitioners, the properties are situated in Malabar area of the State. The question referred to is whether the owners of jenmom lands in the Malabar area are the proprietors of the soil and in view of that whether they are owners of the minerals underneath the soil. The Division Bench felt that even though there is a Full Bench decision of this Court reported in S. Sabhayogam v. State of Kerala, AIR 1963 Kerala 101 regarding the nature of jenmom lands in Malabar area, that decision requires reconsideration in the light of the decision of the Supreme Court in Balmadies Plantations v. State of Tamil Nadu, AIR 1972 SC 2240. The Division Bench also felt that in Shibu v. Tahsildar, 19...
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