IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WP(C) NO. 35843 OF 2015 PETITIONER:

M/S. OTHAYI GRANITE (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR P.K.ABDUL RAZACK ALANGADAMALA, PERAKKAMANNA POST, MALAPPURAM - 676 542.

BY ADVS.

SRI.P.B.KRISHNAN SRI.K.J.MOHAMMED ANZAR RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE (P)

DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

2 THE DISTRICT COLLECTOR MALAPPURAM - 676 505.

3 THE DIVISIONAL FOREST OFFICER NILAMBUR NORTH - 676 641.

4 THE TAHSILDAR ERNAD TALUK MALAPPURAM - 676 641.

5 THE VILLAGE OFFICER EDAVANNA VILLAGE, MALAPPURAM - 676 641.

BY ADVS.

SRI RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. V. KUNHIKRISHNAN, J.

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W.P(C).No.35843 of 2015 -------------------------------------------

Dated this the 6^th day of February, 2024

JUDGMENT

The above Writ Petition is filed with the following prayers:

(i) issue a Writ of Certiorari or any other appropriate writ or order quashing Ext. P20;

(ii) issue a Writ of Certiorari or any other appropriate writ or order quashing Ext.P18;

(iii) issue a Writ of Certiorari or any other appropriate writ or order quashing Ext.P13;

(iv) issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents from interfering with the right of the Petitioner to conduct quarrying and crushing operations in the properties covered by Ext.P1; AND (v) award the Petitioner the cost of this Writ Petition (SIC)

2. When this case came up for consideration on

18.12.2015, this Court passed the following order:

‘The issue in this writ petition is regarding the quarrying operation carried out by the petitioner based on Ext.P1 quarrying lease. The land situated in Survey No. 193/1 and 193/2 have been assigned to the predecessor -in-interest under the assignment as per the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The area in survey No.173 is appears to be included in unassigned vested forest land. However, the petitioner claims title based on assignment under the Kerala Land Reforms Act. 2. There is a serious issue regarding the area situated in Survey No. 173, as it form part of the reserved Forest. However, this land situated in 193/1 and 193/2 are assigned to the petitioner under the Kerala Private Forests (Vesting and Assignment) Act, 1971.

3. This Court is of the view that prohibition in Ext.P20 has to be temporarily modified by allowing the quarrying operation in Survey No. 193/1 and 193/2. The petitioner can be permitted to conduct the quarrying operation in the area in Survey No. 193/1 and 193/2 in accordance with law. However, Tahsildar shall demarcate the property and issue sketch before further quarrying operation is being carried out by the petitioner. Needful shall be done within a period of two weeks. It is made clear that petitioner shall not undertake quarrying operation in Survey No.173.

Post after vacation.’

In the light of the above order, no further directions are necessary.

Recording the order dated 18.12.2015, this Writ Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 35843/2015 PETITIONER EXHIBITS P1 - TRUE COPY OF THE INDENTURE OF QUARRYING LEASE DATED 29.12.2004 P2 - TRUE COPY OF THE DOC NO.134/2004 S.R.O. MANJERI DATED 19.10.1984 P2(A) - TRUE COPY OF THE DOC NO.135/2004, S.R.O., MANJERIDT.19.10.1984 P3 - TRUE COPY OF THE DOC NO.1942/2004, S.R.I, MANJERI.

P4 - TRUE COPY OF THE CERTIFICATE OF PURCHASE DATED

6.1.2003 P5- TRUE COPY OF THE DOC NO.190/2003, S.R.O., MANJERI DATED 9.1.2003 P6 - TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD DATED 26.11.2013 P7 - TRUE COPY OF THE PROCEEDINGS NO.E/SC/KL/22/672 (E28366) DATED 4.6.2105 P8 - TRUE COPY OF THE LICENCE NO.A3/334-14-15 DATED

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