Petitioner challenged illegal blasting by 10th respondent despite an interim order requiring statutory licences. Court held interim order satisfactory and made it absolute, dismissing petition.
Petition dismissed by making the interim direction absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 10TH DAY OF JULY 2012/19TH ASHADHA 1934
WP(C).No. 11061 of 2007 (P)
PETITIONER(S):
PAUL P. ABRAHAM, AGED 48, S/O. LATE ABRAHAM COR EPISCOPA, PALATHULLIL, BRAHMAPURAM DESOM, PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.VARGHESE C.KURIAKOSE, SMT.THANKOM.G, SRI.E.M.MURUGAN, SRI.PRAVEEN K. JOY.
RESPONDENT(S):
1. UNION OF INDIA,
REP. BY SECRETARY,
2. STATE OF KERALA, REP. BY SECRETARY,
3. THE DISTRICT COLLECTOR,
4. THE ADDL. DISTRICT MAGISTRATE, ERNAKULAM DISTRICT, CIVIL STATION,
KAKKANAD.
5. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
ERNAKULAM.
6. THE DEPUTY CHIEF CONTROLLER,
7. THE SECRETARY,
WP(C).No. 11061 of 2007 (P)
8. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT,
CIVIL STATION, KAKKANAD, ERNAKULAM.
9. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT,
TRIVANDRUM.
10. SMT. SANTHA MAMPILLY, W/O. DR.ANTONY, MAMPILLY, MAMPILLY HOUSE, AMMAN COIL STREET, ERNAKULAM, KOCHI-35.
R1 BY ADV. MR.P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA. R2 TO R4, R6, R8 & R9 BY GOVT. PLEADER SMT.SEREENA GEORGE. R5 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC, POLL.C.BOARD. R10 BY ADV. SRI.N.C.JOSEPH. BY ADV. SRI.C.T.JOSEPH. BY ADV. SRI.ROSHIN IPE JOSEPH. BY ADV. SRI.JOE POLLAYIL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 11061 of 2007 (P)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE PHOTOGRAPH SHOWING THE PITS MORE THAN 30 TO 40 NOS. BORED AT THE INSTANCE OF THE 10TH RESPONDENT FOR BLASTING OPERATIONS. |
|---|---|
| EXT.P2 | COPY OF THE PHOTOGRAPH OF INTER CONNECTING CABLES WHICH IS NECESSARY FOR BLASTING. |
| EXT.P3 | COPY OF THE PHOTOGRAPH OF HIGH VOLTAGE ELECTRICITY LINES ARE PASSING THROUGH THE AREA. |
| EXT.P4 | COPY OF THE PHOTOGRAPHS SHOWING THE NEARBY RESIDENCES. |
| EXT.P5 | COPY OF THE PAPER NEWS DATED 16/03/2007 APPEARING IN MATHRUBHUMI DAILY. |
| EXT.P6 | COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. |
| EXT.P7 | COPY OF THE ACKNOWLEDGMENT OF ACCEPTANCE OF REPRESENTATION CONTAIN IN THE LOCAL DELIVERY BOOK TO RESPONDENTS 7 AND 9, ON EXT.P6 HAS BEEN ISSUED THROUGH REGISTERED POST. |
RESPONDENT'S EXHIBITS:-
| EXT.R10 (1) | COPY OF THE PERMIT ISSUED BY THE 8TH RESPONDENT ON 07/02/2007. |
|---|---|
| EXT.R10 (2) | COPY OF THE PERMIT ISSUED BY THE 8TH RESPONDENT ON 07/02/2007. |
| EXT.R10 (3) | COPY OF THE NO OBJECTION CERTIFICATE DATED 14/02/2007 ISSUED BY 7TH RESPONDENT. |
| EXT.R10 (4) | COPY OF THE AGREEMENT EXECUTED BETWEEN SHANTHA ANTONY AND CONTRACTORS V.K. DIVAKARAN & V.C. JOLLY. |
| EXT.R10 (5) | COPY OF THE LICENCE ISSUED BY 6TH RESPONDENT TO V.K. DIVAKARAN. |
//TRUE COPY//
P.A. TO JUDGE
rs.
ANTONY DOMINIC, J. ================ W.P.(C) NO. 11061 OF 2007
===================
Dated this the 10th day of July, 2012
J U D G M E N T
Heard the learned counsel for the parties.
“There will be an interim direction to respondents 3 to 9 to ensure that the 10th respondent does not conduct the blasting operations without statutory licences, permits and consent.”
WPC.No.11061/07
:2 :
Therefore, making the interim order absolute, this writ
petition is disposed of.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the interim direction made absolute regarding blasting operations pending licence verification satisfies the petitioner's interest.
PAUL P. ABRAHAM
UNION OF INDIA
STATE OF KERALA
THE DISTRICT COLLECTOR, KAKKANAD
THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD
SMT. SANTHA MAMPILLY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
