IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 678 of 2009(S)
1. N.JAYAKUMAR, AGED 45, S/O.NEETHIPALAN,
... Petitioner
2. R.RADHAKRISHNAN, AGED 48,
Vs
1. SRI.SANJAY KAUL, AGE AND FATHER'S NAME
... Respondent
2. R.GOPAKUMARAN NAIR, AGE AND FATHER'S
3. ABDUL NAJEEB, AGE AND FATHER'S NAME
4. JALAJAKUMARI.P.S., AGE AND FATHER'S NAME
5. SURESH, AGE AND FATHER'S NAME NOT KNOWN,
6. BAIJU, AGE AND FATHER'S NAME NOT KNOWN,
7. PRASANNAN, AGE AND FATHER'S NAME NOT
8. PRASAD, S/O.SREDHARAN, AGE NOT KNOWN,
For Petitioner :SRI.M.R.RAJESH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/09/2009
O R D E R
S.SIRI JAGAN, J.
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Contempt Case (C) No. 678 of 2009
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Dated this the 16th day of September, 2009
J U D G M E N T
The petitioners in this contempt case are two of the petitioners in
the writ petition. They are alleging violation of Annexure A interim
order passed by this Court in W.P.(C).No.11350/2009. The interim
order is directing respondents 1 to 5 and respondents 9 and 10 to see
that Ext.P19 is implemented forthwith. Ext.P19 is a stop memo
directing the 11th respondent to stop quarrying in the property in
question. The allegation of the petitioners is that even after the interim
order, the 11th respondent in the writ petition continued to do blasting
operations in the property in question. As per the direction from this
Court, the jurisdictional Geologist has filed a report, wherein he has
categorically stated that after the date of the stay order, no quarrying
operations are being done in the property in question. But in the report
it is stated that in some adjacent properties, in respect of which, there
is no stop memo, quarrying operations are going on. The petitioners
have not been able to satisfy me with any reliable material that the
report of the Geologist is in any way wrong. Therefore, I do not think it
necessary to continue proceedings in this contempt case. Accordingly,
this contempt case is closed. However, I make it clear that it would be
open to the petitioners to approach this Court again, if any violations
are detected in future.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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