IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 22^ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946 WP(C) NO. 35604 OF 2022 PETITIONER: MARY ANTONY AGED 75 YEARS W/O ANTONY, RESIDING IN THE ADDRESS KONKOTH HOUSE, NAMBIKUNNU, KADUPPASSERI, THRISSUR DISTRICT- 680 663.

BY ADV G.SREEKUMAR (CHELUR)

RESPONDENTS:

1 THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001.

2 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL LINE, AYYANTHOLE P.O, THRISSUR DISTRICT-

680003

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHEMBUKAVU P.O, THRISSUR DISTRICT- 680

020

4 ALUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALUR P.O., THRISSUR DISTRICT-PINCODE-680 602.

5 THE SECRETARY, ALUR GRAMA PANCHAYATH, ALUR P.O, THRISSUR DISTRICT-FINCODE-680 602.

6 JOSE, AGED 62, S/O ANTONY, RESIDING IN THE ADDRESS PUTHENPEEDIKA HOUSE, KADUPPASSERY P.O, THRISSUR DISTRICT- 680683

7 THE VILLAGE OFFICER, KADUPASSERRY VILLAGE OFFICE, THRISSUR DISTRICT, KADUPASSERRY P.O, PINCODE- 680 683.

BY ADVS.

SHRI.PHILIP T.VARGHESE, SC, ALOOR GRAMA PANCHAYAT SAREENA GEORGE-R6 SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

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W.P(C). No. 35604 of 2022 --------------------------------------------

Dated this the 22^nd day of January, 2025

JUDGMENT

The prayer in this writ petition is for a direction to the 2^nd respondent to take action against the 6^th respondent for the illegal mining. The 6^th respondent has filed a counter affidavit producing the development permits and the transit passes which have been issued for the purpose of removing the ordinary earth. The period of transit passes is already over and the further removal can only be done after fresh transit passes are issued.

2. The Government Pleader on instructions submitted that transit passes had been issued earlier, subsequent to the judgment of this Court in W.P(C).No.26913 of 2021, and the 6^th respondent had returned 119 passes which could not be used during the period of validity of the said passes. The question whether there has been illegal mining is a matter to be gone into at the time of issuance of fresh transit passes and there is no reason for an apprehension that it will not be considered at that point of time.

This writ petition is hence closed since no further orders can be granted in this writ petition.

Sd/-

T.R.RAVI JUDGE LEK APPENDIX OF WP(C) 35604/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE FIFTH RESPONDENT DATED

10.10.19 Exhibit P2 A TRUE COPY OF THE JUDGMENT DELIVERED IN WPC NO.26913 OF 21 DATED 2.3.22 Exhibit P3 A TRUE COPY OF THE ORDER ISSUED BY THE

3RD RESPONDENT DATED 31.3.2022 RESPONDENT EXHIBITS Exhibit R6A TRUE COPY OF THE AGREEMENT DATED

12.10.2014 Exhibit R6B TRUE COPY OF DEVELOPMENT PERMIT DATED

10.10.2019 FROM THE ALUR GRAMA PANCHAYATH Exhibit R6C TRUE COPY OF THE REPLY DATED 27.11.2019 ISSUED BY THE 3RD RESPONDENT Exhibit R6D TRUE COPY OF THE JUDGMENT DATED

24.3.2021 IN WP C 6612/2021 Exhibit R6E TRUE COPY OF THE COPY OF THE LETTER DATED 2.11.2022 RENEWING THE PERMIT ISSUED BY SECRETARY, ALOOR GRAMA PANCHAYATH Exhibit R6F TRUE COPY OF THE ORDER BEARING NO.214/21-22/316/OB/C1/TDO/2020 DATED

2.11.2022 ISSUED BY THE GEOLOGIST THRISSUR Exhibit R6G TRUE COPY OF A MINERAL TRANSIT PASS NO.1 HAVING VALIDY UPTO 9.11.2022 Exhibit R6H TRUE COPY COMPLAINT DATED 4.11.2022 SUBMITTED BEFORE THE SHO, ALOOR POLICE STATION