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2021 Supreme(Ker) 915

N.NAGARESH
M. H. Vijayan, S/o. M. K. Haridas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MATHEW A KUZHALANADAN, SRI.K.R.ARUN KRISHNAN, SRI.SUDEEP ARAVIND PANICKER
For the Respondent: SRI.P.G.PRAMOD, SMT.LATHA ANAND, P.PRAVEEN (P-936), SRI.JACOB P.ALEX, SRI.K.V.SOHAN, STATE ATTORNEY, SHRI. P.VIJAYAKUMAR, SRI.SUVIN R.MENON, SRI.SAIGI JACOB PALATTY, SRI.E.K.NANDAKUMAR, SRI.M.GOPIKRISHNAN NAMBIAR, SRI. M.P. SREEKRISHNAN, adv

JUDGMENT :

[WP(C) Nos.11060/2020 & 15520/2021]

Both these writ petitions are filed challenging the work of mechanised loading and transportation of mineral sand from Thottappally Pozhi mouth. The petitioner in W.P.(C) No.11060/2020 is a resident of Purakkad Grama Panchayat residing only five meters away from the Pozhi mouth near Thottappilly Beach. The petitioners in W.P.(C) No.15520/2021 are also residents of Purakkad Grama Panchayat. Since both the writ petitions are filed based on same set of facts, they are heard together and being disposed of by a common judgment. The parties and exhibits are referred to in this judgment as they are arrayed/marked in W.P.(C) No.11060/2020, unless otherwise specified.

2. The petitioner in W.P.(C) No.11060/2020 states that large scale mining activity is being carried out near the Pozhi mouth near Thottappally Beach. The 2nd respondent-Kerala Minerals and Metals Ltd. (KKML) invited Tenders for the work of mechanised loading and transportation of mineral sand from Thottappally Pozhi mouth without requisite licences and permits. The 4th respondent-Grama Panchayat has issued Ext.P4 Stop Memo. However, the mining activity continues. A large number of ve

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