2025:KER:29492 WP(C) NO. 8168 OF 2024 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8168 OF 2024 PETITIONER/S: G.RAJESH AGED 46 YEARS S/O GOPALAKRISHNAN PADINJARE VEEDU, KARIMBANCHIRA, KUMBALAKKODE POST, PAZHAYANNUR, THRISSUR DISTRICT, PIN - 680587 BY ADV V.M.KRISHNAKUMAR RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE. PALAKKAD DISTRICT, PIN - 678001 3 THE DISTRICT COLLECTOR COLLECTORATE, PALAKKAD DISTRICT, PIN - 678001 4 REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD DISTRICT, PIN - 678001 2025:KER:29492 WP(C) NO. 8168 OF 2024 -2- 5 VILLAGE OFFICER PUDUKKODE VILLAGE, PUDUKKOD, PALAKKAD DISTRICT, PIN - 678687 6 GEOLOGIST MINING AND GEOLOGY DEPARTMENT, PALAKKAD DISTRICT, PIN - 678001 7 PUDUKODE GRAMAPANCHAYATH REPRESENTED BY ITS SECRETARY, THACHANADY, PUTHUCODE, PALAKKAD DISTRICT, PIN - 678687 8 MUHAMMAD MARAKKAR S/O SAIDU MUHAMMAD, CHANDAPURA, PUDUKKODE, PALAKKAD DISTRICT, PIN - 678687 9 SUDHEER V A S/O ABOOBACKER, VARANATTUPARAMBIL, U.C.COLLEGE, ALUVA, ERNAKULAM DISTRICT, PIN - 683102 BY ADVS. ABDUL JAWAD.K A.GRANCY JOSE(K/1204-M/2010) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29492 WP(C) NO. 8168 OF 2024 -3- JUDGMENT Dated this the 3 rd day of April 2025 NITIN JAMDAR, C.J. Heard Ms. Maya representing Mr. V.M. Krishnakumar, learned counsel appearing for the Petitioner, Mr.T.Naveen, learned Standing Counsel appearing for the State Pollution Control Board and Ms. A. Grancy Jose, learned counsel appearing for Respondent Nos.8 and 9. 2. On 24 January 2025, the following order was passed: “In this Petition purported to be filed in public interest, the Petitioner seeks to question the brick kiln operations of two individuals i.e., Respondent Nos. 8 and 9. Except stating that the Petitioner is a social worker and has filed two petitions, nothing is stated about his credentials. 2. The Petitioner will file an additional affidavit setting out full particulars about his occupation, educational qualifications, etc. within a period of two weeks. In the meanwhile, as regards the issue raised by the Petitioner in respect of the activities of Respondent Nos.8 and 9, the learned Government Pleader would take instructions.” 3. Thereafter, on 17 March 2025, the following order was passed: “Heard Ms. Bincymol representing Mr. V. M. 2025:KER:29492 WP(C) NO. 8168 OF 2024 -4- Krishnakumar, learned counsel appearing for the Petitioner. 2. Learned counsel for the Petitioner seeks further time on the ground that instructions from the Petitioner are not yet received.” 4. Learned counsel for the Petitioner states that despite trying to contact the Petitioner, he has not responded. By this conduct of the Petitioner, we have serious doubts about his bonafides. 5. In such circumstances, we dispose of the writ petition, however keeping the cause open. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE uu 2025:KER:29492 WP(C) NO. 8168 OF 2024 -5- APPENDIX OF WP(C) 8168/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY 2ND RESPONDENT TO THE PETITIONER DATED 09.06.2023 ALONG WITH ENGLISH TRANSLATION Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY 6TH RESPONDENT TO THE PETITIONER DATED 09.05.2023 ALONG WITH ENGLISH TRANSLATION Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED 09.06.2023 Exhibit P4 TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER HAVING NO.4/2023 DATED 26.07.2023 FROM THE PUBLIC INFORMATION OFFICER ALONG WITH ENGLISH TRANSLATION Exhibit P5 TRUE COPY OF THE STOP MEMO ISSUED BY THE 5TH RESPONDENT HAVING NO 33/2023 DATED 31.05.2023 ALONG WITH ENGLISH TRANSLATION Exhibit P6 TRUE COPY OF THE ORDER HAVING NO. 4/2023 DATED 31.05.2023 ISSUED TO 9TH RESPONDENT Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE RESPONDENTS 2 TO 7 DATED 26.05.2023 ALONG WITH ENGLISH TRANSLATION Exhibit P8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.02.2024 ALONG WITH ENGLISH TRANSLATION Exhibit P9 TRUE COPY OF THE RECEIPT NO 698243/24 2025:KER:29492 WP(C) NO. 8168 OF 2024 -6- DATED 15.02.2024 ISSUED TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION Exhibit P10 TRUE COPY OF THE RECEIPT NO. 117/24 DATED 15.02.2024 ISSUED BY 4TH RESPONDENT TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION RESPONDENT EXHIBITS Ext.R8(a) A true copy of the tax receipt dated 05/09/2023 issued by the Village Officer, Puthukode in favour of the 8th respondent along with true English translation Ext.R8(b) A true copy of the lease agreement dated 04/11/2021 entered into between the 8th respondent and Shri.Nadirsha along with true English translation Ext.R8(c) A true copy of the Acknowledgement Certificate dated 26/09/2021 issued in favour M/s Kunnilan’s Bricks Ext.R8(d) A true copy of the Resolution No.13/1 dated 26/11/2021 of the Puthucode Grama Panchayat along with true English translation Ext.R8(e) A true copy of the transit pass dated 29/03/2023 issued by the Mining and Geology Department for bringing clay to the site of the lessee along with the true English translation Ext.R8(f) A true copy of the Registration Certificate dated 14/12/2023 issued by the District Geologist in favour of Shri.Nadirsha Ext.R8(g) A true copy of the Dealer’s License dated 15/12/2023 issued by the District 2025:KER:29492 WP(C) NO. 8168 OF 2024 -7- Geologist in favour of Shri.Nadirsha Ext.R8(h) A true copy of the renewed consent dated 25/10/2023 issued by the PCB in favour of Shri.Nadirsha Ext.R8(i) A true copy of the relevant page of the Trade License dated 05/01/2024 issued by the Puthucode Grama Panchayat in favour of Shri.Nadirsha along with English translation