IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19652 of 2011(F) -------------------------- PETITIONER(S): ------------------------ MOOLAYI RAGHAVAN, S/O.KANNAN, AGED 60 YEARS, AGRICULTURIST, P.O.CHITTARIPARAMBA, MANANTHERI AMSOM, CHITTARIPARAMBA DESOM, THALASSERY TALUK, KANNUR DISTRICT, PIN 670650. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT SUPERINTENDENT OF POLICE, KANNUR, PIN 670001. 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KANNUR, PIN 67001. 4. T.T.P.MAHAMOOD, S/O.MAMOO, AGED 50 YEARS, MANAGING DIRECTOR, AYISHA HOSIERY FACTORY, PALAPARAMBA, P.O.NIRAMALAGIRI, THALASSERY TALUK, KANNUR DISTRICT, PIN 670701. 5. P.K.MAYAN, S/O.P.K.ALI, AGED 54 YEARS, RESIDING AT 8/401, NADUVATTAM AMSOM DESOM, RED CROSS ROAD, CALICUT, KOZHIKODE DISTRICT, PIN 679592. 6. SHABU.K., S/O.GOPI, CHAMATHAYULLAKANDI PARAMBATH, POOVATHUR, CHERUVANCHERRY, CHERUVANCHERRY P.O., THALASSERY TALUK, KANNUR DISTRICT, PIN 670650. 7. CIRCLE INSPECTOR OF POLICE, KUTHUPARAMBA, KANNUR DISTRICT, PIN 670643. 8. THE VILLAGE OFFICER, VILLAGE OFFICE MANANTHERI, MANANTHERI P.O., PIN 670650, THALASSERY TALUK, KANNUR DISTRICT. GOVT.PLEADER SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19652/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PLAINT IN OS NO.118 OF 2010 ON THE FILE OF THE MUNSIFF COURT, KUTHUPARAMBA. EXT.P2: TRUE COPY OF THE AFFIDAVIT PETITION IA NO.569 OF 2000 IN OS NO.118 OF 2000 OF MUNSIFF COURT, KUTHUPARAMBA AND THE ORDER DT 3.3.2000 PASSED BY THE MUNSIFF COURT, KUTHUPARAMBA. EXT.P3: TRUE COPY OF THE COMPLAINT DT 19.6.11 FILED BY THE PETITIONER BEFORE THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR. EXT.P4: TRUE COPY OF THE PERMIT DT 6.7.2011 ISSUED BY THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19652 OF 2011 (F) ===================== Dated this the 20th day of July, 2011 J U D G M E N T Petitioner is one of the plaintiffs in OS No.118/2000 on the file of Munsiff Court, Kuthuparamba. In the said suit filed against respondents 4 to 6, on the allegation of illegal mining, the Court has passed Ext.P2 order of injunction. In this writ petition, the complaint is that mining is still continued in violation of the Civil Court's order. On that basis, petitioner seeks a direction against respondents 3, 7 and 8 to see that no person is conducting any mining activity in the property. 2. In my view, shorn of all details, the grievance of the petitioner is one of violation of Ext.P2 interim order passed by the Munsiff's Court, Kuthuparamba in IA NO.569/2000 in OS No.118/2000. Once the position is accepted, the remedy available to the petitioner is also before the said Court and the Court is fully empowered to redress such a grievance. Therefore, I do not find any reason to entertain the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp