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2025 DAILYLAW 8481 (KER)

NISAMUDHEEN, v. THE SECRETARY,

WP(C)/23712/2024 · 2025-03-17

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

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2025:KER:25583 WP(C) No.23712 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 WP(C) NO. 23712 OF 2024 PETITIONER/S: NISAMUDHEEN, AGED 43 YEARS PULAKOOTTATHIL VEEDU, THATHANAMPULLY, KULUKKALLUR, PALAKKAD DISTRICT, PIN - 679397 BY ADVS. SHAJI THOMAS BINU PAUL JEN JAISON THOMASKUTTY SEBASTIAN RESPONDENT/S: THE SECRETARY, NELLAYA GRAMA PANCHAYATH, NELLAYA P.O., PALAKKAD DISTRICT, PIN - 679335 BY ADVS. T.C.SURESH MENON B.DEEPAK(K/532/2012) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25583 WP(C) No.23712 OF 2024 2 J U D G M E N T Today when the matter came up for consideration, the learned counsel for the petitioner submitted that, the matter has become infructuous and have filed a memo to that effect. The submission is recorded. Accordingly, this writ petition is dismissed as infructuous. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/26.03 2025:KER:25583 WP(C) No.23712 OF 2024 3 APPENDIX OF WP(C) 23712/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE NO. 30/Q/2023 ISSUED BY THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA DATED 09.02.2023 Exhibit P2 TRUE PHOTOCOPY OF THE EXPLOSIVES LICENSE DATED 20.09.2023 ISSUED BY THE DY. CHIEF CONTROLLER OF EXPLOSIVES, ERMAKULAM Exhibit P3 TRUE PHOTOCOPY OF THE CONSENT TO OPERATE/AUTHORIZATION/REGISTRATION DATED 20.02.2023 ISSUED BY THE ENVIRONMENTAL ENGINEER Exhibit P4 TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE GRAMA PANCHAYATH DATED 16.12.2023 Exhibit P5 TRUE PHOTOCOPY OF THE QUARRYING PERMIT ISSUED BY THE DISTRICT GEOLOGIST, PALAKKAD DATED 14.05.2024 Exhibit P6 TRUE PHOTOCOPY OF THE NOTICE NO.2307/2024 DATED 15.06.2024 ISSUED BY THE RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF THE REPLY DATED 29.06.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT RESPONDENT EXHIBITS Exhibit R-1(b) True copy of the mass petition filed by the nearby residents of the quarry before the Panchayath, dated –nil- Exhibit R-1(c) True copy of the communication No.2307/2024 sent by the respondent Panchayath to the Environmental Engineer, Kerala Pollution Control Board, dated 15.6.2024. Exhibit R-1(d) True copy of the communication No.2307/2024 sent by the respondent Panchayath to the Geologist, Department of Mining and Geology, dated 15.6.2024. 2025:KER:25583 WP(C) No.23712 OF 2024 4 Exhibit R-1(e) True copy of the communication No.4016/2023 sent by the respondent Panchayath to the Tahsildar, Ottappalam Taluk Office, dated 15.6.2024. Exhibit R-1(a) True copies of few photographs showing the damages to residential houses of (1) Umaiva.P., House No.I/209, Pallathu Veedu, Marayamangalam P.O., (2) Aboobacker.P., House No.I/208, Pallathu Veedu, Marayamangalam P.O. and (3) Aboobacker Siddique.P., House No.I/210A, Pallathu Veedu, Marayamangalam P.O.