IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 20^TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946 WP(C) NO. 8420 OF 2018 PETITIONER:

A.M.SAINUDHEEN, AGED 57 YEARS, S/O. MOIDEEN, ALAPPURATH HOUSE, PERIPARA, PEZHAKKAPPILLY P.O., MUVATTUPUZHA - 686 674.

BY ADVS.

SMT.ROSHNI MANUEL SRI.ALBERT V.JOHN RESPONDENTS:

1 THE SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

3 THE ADDITIONAL CHIEF SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

4 THE DIRECTOR OF MINING AND GEOLOGY THIRUVANANTHAPURAM - 695 001.

5 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANAD, COCHIN - 682 030.

6 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, COCHIN - 682 030.

7 THE EXECUTIVE ENGINEER OFFICE OF PERIYAR VALLEY, IRRIGATION DIVISION NO.

2, THOTTAKKATTU KARA, ALUVA, PIN - 683 108.

8 THE EXECUTIVE ENGINEER, DVIB DIVISION NO. 1, PERUMBAVOOR, ERNAKULAM - 683 542. 9 THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA, PIN - 686 674.

10 THE VILLAGE OFFICER PAYIPRA VILLAGE, PAYIPRA - 686 661.

11 THE PAIYPRA GRAMA PANCHAYAT PEZHAKKAPPILLY P.O., NEAR MUVATTUPUZHA - 686 661, REPRESENTED BY ITS SECRETARY. 12 THE DIVISIONAL OFFICER KERALA FIRE AND RESCUE SERVICES, KADAVANTHRA P.O., GANDHI NAGAR, ERNAKULAM - 682 020. 13 THE SUB INSPECTOR OF POLICE MUVATTUPUZHA - 686 678.

14 A.H. SHARIFF, AGED 47 YEARS, ETTUKATTIL HOUSE, S/O. HYDROSE, RESIDING AT ETTUKATTIL HOUSE, EDATHALA NORTH P.O., ALUVA, PIN - 683 561.

BY ADVS.

GOVERNMENT PLEADER SRI.S.SREEKUMAR (SR.)

SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA OTHER PRESENT:

SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. V. KUNHIKRISHNAN, J.

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W.P(C).No.8420 of 2018 ------------------------------------------- Dated this the 20^th day of June, 2024

JUDGMENT

The above Writ Petition is filed with the following prayers:

i. Issue a writ of certiorari or other appropriate writ. order quashing Ext-P13, P14 and P17 as illegal and unjust.

ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to take necessary steps to collect royalty based on the blasting operation already done illegally by the 14th respondent and also reclaim the said land forthwith.

iii. Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to take necessary steps to stop the functioning of the quarry by the 14^th respondent in Survey No. 1087/1/A2/PT of Mulavoor Village, Muvattupuzha Taluk iv. Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper to grant the facts and circumstances of the case.

[SIC]

2. This Writ Petition is pending before this Court from

2018 onwards. There is no interim order passed in this case. If there is any surviving grievance to the petitioner, the petitioner is free to approach the competent authority among the official respondents with appropriate representation and if such representation is received, the competent authority among the official respondents will consider the same with notice to the petitioner and the party respondents.

With the above observation, this Writ Petition is disposed of.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 8420/2018 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

4632/2014 OF THIS HON'BLE COURT DATED

27.08.2014.

EXHIBIT P2 A TRUE COPY OF THE LETTER NO. A7/2535/2013 ISSUED BY THE EXECUTIVE ENGINEER, PERIYAR VALLEY PVIP DIVISION-2, ALUVA DATED

12.12.2013.

EXHIBIT P3 A TRUE COPY OF THE LETTER NO. A3/200/2014 ISSUED BY THE 7TH RESPONDENT DATED

01.04.2014.

EXHIBIT P4 THE TRUE COPY OF THE SAID COMMUNICATION DATED 10.12.2013.

EXHIBIT P5 A TRUE COPY OF THE G.O.(P)NO. 59/15/TRAN DATED 29.09.2015.

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