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2009 Supreme(Ker) 320

V.GIRI
Kairali Swayam Sahaya Sangam – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Peeyus A. Kottam, Advocate. For the Respondent:Sumathi Dandapani Sr. Advocate, S. Sreekumar, G. Santhosh Kumar, Advocates, Sudha Devi, Government Pleader.

Judgment:


The contentions taken up in Writ Petition No.29726/2008 would comprehend W.P.(C). 4799/2008 also. All the parties, except respondents 13 and 16 in W.P.(C). 4799/2008, are parties in the other Writ Petition also. I will therefore, refer to the facts in W.P.(C).29726/2008 and disposal of the same would govern the disposal of the connected Writ Petition. The contention of the aforementioned respondents are also being taken note of.

2. Petitioner in W.P.(C).29726/2008 is a Society registered under the Travancore Cochin Charitable, Literary and Scientific Societies Act. It consists of agriculturalists in Ward No.14 of Piravom Grama Panchayat. According to the petitioner, Ward No.14 is surrounded by water on its three sides.

3. The grievance highlighted in the Writ Petition relates to the alleged indiscriminate removal of clay from the paddy fields by respondents 8 to 13 in gross violation of the conditions under which licence has been issued in this regard by the Local Authority as also in violation of the conditions imposed by the Department of Mining and Geology and in certain cases, the conditions contained in the consent issued by the Pollution Control Board as well. It is






































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