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2017 Supreme(Online)(KER) 27255

HIGH COURT OF KERALA
SHAJI P.CHALY, J
T V ELIYAS – Appellant
Versus
DISTRICT COLLECTOR    Advocate -GOVERNMENT PLEADER – Respondent


JUDGMENT

The captioned writ petitions are all intrinsically connected, which are in respect of an order passed by the Chairman of the District Disaster Management Authority, Wayanad, and approved by the District Management Authority by a subsequent ratification order dated 22.06.2015, on the basis of a meeting held on 17.06.2015 as per the provisions of the Disaster Management Act, 2005, evident from Ext.R3(c) in some of the writ petitions. As per the order dated 02.08.2016, an interdiction is created to the property owners in and around four areas viz., Phantom Rock, Cheengeripara, Arattupara and Kolagappara. The operative portion of the order challenged by the petitioners read thus:

“Under sections 30(2) (iii) and 30(2)(v) of the Disaster Management Act, 2005 (Act 53 of 2005) order is hereby issued to i) The Tahsildar, Sulthan Bathery, ii) the Geologist, District Geology Office, Wayanad and iii) the Secretary, Ambalavayal Grama Panchayat W.P.(C) No.27741/16 & con. cases 2 iv) the Secretary, Meenangadi Grama Panchayat a. to ensure that, no Mining or Quarrying activity of any kind is happening at the Phantom Rock area comprised in Resurvey number 521/2, of Block 22 of Krishnagiri Vil

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