BY AD v. K.R.GANESH
Case at a glance
Provisions considered
Judgment
M/S. GALAXY METALS REPRESENTED BY ITS MANAGING PARTNER SRI. ANWAR SADATH.K, AGED 47 YEARS, S/O.(LATE) K. ABDUL KAREEM, PARAPPA, MANIKOTH.P.O., KASARAGOD DISTRICT-671 329, RESIDING AT ’SAHEER MANSION’, ATHINHAL, MANIKKOTH.P.O., KANHANGAD, KASARAGOD DISTRICT, PIN 671 329 – BY ADVS. K.R.GANESH ELVIN PETER P.J. (SR.) GOURI BALAGOPAL SREELEKSHMI A.S. RESPONDENTS/RESPONDENTS, ADDL. RESPONDENTS 7 TO 9: 1 2 3 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING & GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001 – THE DIRECTOR MINING & GEOLOGY, KESAVADASAPURAM, PATTOM PALACE, THIRUVANANTHAPURAM, PIN 695 004 – THE GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, VIDYA NAGAR.P.O., KASARAGOD, PIN 671 123 – THE DISTRICT COLLECTOR CIVIL STATION KASARAGOD, PIN 671 123 – W.A.No.421 of 2024 2 5 6 7 8 9 THE REVENUE DIVISIONAL OFFICER HOSDURG TALUK, PUTHIYAKOTTA.P.O., HOSDURG, KANHANGAD, PIN 671 315 – THE VILLAGE OFFICER, BALAL VILLAGE, VELLARIKUNDU TALUK, KASARAGODE DISTRICT, PIN 671 315 – SUNITHA P W/O. DHAMODHARAN P, PULIKKODAN HOUSE, KORATT, KANAKAPPALLI P.O, PARAPPA (VIA), VELLARIKUNDU TALUK, KASARAGOD DISTRICT, PIN 671 533 – NARAYANI.P, AGED 50 YEARS, D/O. POKKAN (LATE), THAZHATHADATHA HOUSE, KORATT, KANAKAPPALLI P.O, PARAPPA (VIA), VELLARIKUNDU TALUK, KASARAGOD DISTRICT, PIN 671 533 – DHAMODHARAN P.V, AGED 64 YEARS, S/O . MALINKAN MANIYANI, PERATTOR VEEDU, KANAKAPPALLI P.O, PARAPPA (VIA), VELLARIKUNDU TALUK, KASARAGOD DISTRICT. [ADDL. R7 TO R9 IMPLEADED AS PER ORDER DATED 30- 01-2024 IN IA NO. 1 OF 2024 IN WP(C) 6020/2024], PIN - 671533 OTHER PRESENT: SR.GP.V.TEKCHAND; ADV.HARISH VASUDEVAN FOR R7 TO R9 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.421 of 2024 3 JUDGMENT Dated this the 19th day of March 2024 A.J. Desai, C.J. By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellant/original petitioner has challenged the interim order dated 05.03.2024 W.P.(C)No.6020 of 2024, by which the learned Single Judge directed the Divisional Level Vigilance and Monitoring Committee to inspect the quarry to enquire whether any condition in the environmental clearance is violated and the defects are cured.
It is brought to our notice that the Revenue Divisional Officer, along with a Committee Member, is going to visit the quarry and prepare a report. Considering the above aspects, without examining the validity of issuance of stop memo, which is under challenge in the writ petition, we dispose of this appeal, particularly, since the matter is posted to 26.03.2024, requesting the learned W.A.No.421 of 2024 4 Single Judge to decide the writ petition at the earliest, in view of the fact that the mining work is at a standstill. Pending interlocutory applications, if any, shall stand closed. Sd/- A.J. Desai Chief Justice Sd/- V.G. Arun Judge W.A.No.421 of 2024 5 APPENDIX OF WA 421/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 11.04.2014 IN W.A. NO. 706/2013 OF THIS HON’BLE COURT. ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 24.05.2019 IN CRL.M.C. NO. 251/2019. ANNEXURE A3 TRUE COPY OF THE G.O. DATED 02.08.2011.
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