S.MANIKUMAR, SHAJI P.CHALY
Raphy John, S/o. P. P. John – Appellant
Versus
Land Revenue Commissioner, Thiruvananthapuram – Respondent
JUDGMENT :
SHAJI P. CHALY
The captioned writ petitions and intra court appeals are materially connected in regard to the grant of, or application submitted for quarrying lease, by or before the State Government; the stop memos issued thereunder by the revenue authorities; the rejection of applications for quarrying etc., in the lands specially assigned for cultivation, or house sites or beneficial enjoyment of adjoining lands or for other specific and special purposes, under the Kerala Government Land Assignment Act, 1960 (hereinafter referred to, as 'the Act, 1960'), and the rules framed thereunder; such as the Kerala Land Assignment Rules, 1964 (hereinafter referred to as 'the Rules, 1964'), the Special Rules for Assignment of Government Lands for Rubber Cultivation, 1960, and the Arable Forest Land Assignment Rules, 1970.
2. Most of the writ petitions before us, are consequent to the reference orders passed by learned single Judges dated 12.07.2019 & 15.02.2022, the reason for which would be specified later. Some are public interest litigation against the quarrying operations conducted in the assigned lands.
3. In all the cases filed by the quarry operators, they are the purchasers
All Kerala River Protection Council v. State of Kerala (2015 (2) KLT 78 (D.B.)
Bhawanji Lakhamshi and Ors. v. Himatlal Jamnadas Dani and Ors. (AIR 1972 SC 819)
Baijnath Kedia v. State of Bihar and Ors. [(1969) 3 SCC 838]
C. Albert Morris v. K. Chandrasekaran and Ors. [(2006) 1 SCC 228]
Deepak Kumar & Ors. v. State of Haryana (2012 (1) KLT Suppl. 60 (SC) : (2012) 4 SCC 629)
Government of Andhra Pradesh and Ors. v. Y.S. Vivekananda Reddy and Ors. [AIR 1995 AP 1]
Haridas v. State of Kerala and others reported in 2016 (4) KLT 707
Haridas R. v. State of Kerala and Others [2016 (5) KHC 615]
Karimbil Kunhikannan v. State of Kerala
Mahindra Holidays & Resorts India Limited v. State of Kerala [2019 (2) KLT 978]
M.C. Chockalingam and Ors. v. V. Manickavasagam and Ors. (AIR 1974 SC 104)
Nature Lovers Movement v. State of Kerala and Ors. [AIR 2000 Ker 131]
One Earth One Life v. Ministry of Environment and Forests [2018 (3) KLT 683]
Reliance Industries Ltd. v. Commissioner of Land Revenue [2007 (2) KLT 850]
Raja Anand Brahma Shah v. State of U.P.
State of A.P. v. Balarami Reddy
State of Haryana v. Chaman Lal
State of Andhra Pradesh v. Duvvuru Balarami Reddy (AIR 1963 SC 264)
Sashi Bhusan Misra v. Jyoti Prasad Singh
Shibu v. Tahsildar reported in [1993 (2) KLT 870]
Sri Tarkeshwar Sio Thakur Jiu v. Dar Dass Dey & Co. and Ors.
Varkey Abraham v. Secretary to Government [2007 (3) KLT 702]
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