Dismissed

Kuttan M.K. v. the District Collector

Kerala HC19 Dec 2016WP(C)/13888/2016

Case brief

AI extract

What is this about?

In W.P.(C).No.13888 of 2016, the High Court of Kerala dismissed the petition challenging communications regarding a quarry near tourist spots. The Court held that quarrying without Environmental Clearance is illegal, referencing Supreme Court directives and a Kerala judgment declaring short-term mining permits invalid.

What did the court decide?

Written petitions were dismissed; no costs awarded.

Kuttan M.K. Vs the District Collector — Mining and Natural Resources | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938

¶5

WP(C).No. 13888 of 2016 (I)

¶6

PETITIONER :

¶7

KUTTAN M.K., S/O.KOCHUVELU, AGED 66 YEARS, MOOKKUPARAMBIL HOUSE, ARATTUPPARA, KUMBALERI P.O., WAYANAD, PIN: 673 591.

¶8

BY ADVS.SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI SMT.M.P.SHERIN

¶9

RESPONDENT(S):

¶10

1. THE DISTRICT COLLECTOR, WAYANAD DISTRICT, COLLECTORAT, KALPETTA, WAYANAD, PIN -673 121.

¶11

2. THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, MEENANGADI P.O., WAYANAD DISTRICT, PIN: 673 591.

¶12

BY SENIOR GOVERNMENT PLEADER SRI.K.J.MANURAJ

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

sts

¶15

WP(C).No. 13888 of 2016 (I)

¶16

APPENDIX

¶17

PETITIONER(S)' EXHIBITS

¶18

EXT.P1	A TRUE COPY OF THE MINING PERMIT DATED 31/1/1994 ISSUED IN THE NAME OF THE OWNER OF THE PROPERTY SRI.KUNHIRAMAN M. BY THE 2ND RESPONDENT
EXT.P1(A)	A TRUE COPY OF THE QUARRYING PERMIT DATED 10/7/1995 ISSUED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, REGIONAL OFFICE, KANNUR RENEWING EXT.P1 QUARRYING PERMIT.
EXT.P1(B)	A TRUE COPY OF THE QUARRYING PERMIT DATED 18/3/1996 ISSUED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, REGIONAL OFFICE, KANNUR RENEWING EXT.P1 QUARRYING PERMIT.
EXT.P1(C)	A TRUE COPY OF THE QUARRYING PERMIT DATED 27/5/1998 ISSUED BY THE 2ND RESPONDENT RENEWING EXT.P1 QUARRYING PERMIT.
EXT.P1(D)	A TRUE COPY OF THE QUARRYING PERMIT DATED 6/11/2006 ISSUED BY THE 2ND RESPONDENT RENEWING EXT.P1 QUARRYING PERMIT, WHICH IS VALID TILL 21/1/2007
EXT.P2	A TRUE COPY OF THE MINING PERMIT DATED 10/6/2014 WHICH WAS VALID UPTO 9/1/2015 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT
EXT.P3	A TRUE COPY OF THE LICENSE DATED 13/5/2013 WHICH WAS VALID UPTO 31/3/2014 ISSUED TO THE PETITIONER BY THE AMBALAVAYAL GRAMA PANCHAYAT
EXT.P4	A TRUE COPY OF THE CONSENT TO OPERATE/RENEWAL DATED 4/9/2014 WHICH WAS VALID UP TO 9/1/2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER
EXT.P5	A TRUE COPY OF THE CURRENT EXPLOSIVE LICENSE DATED 20/2/2014 WHICH IS VALID UPTO 31/3/2019 ISSUED TO THE PETITIONER
EXT.P6	A TRUE COPY OF THE CERTIFICATE OF COMPETENCY TO CARRY OUT BLASTING OF EXPLOSIVES ISSUED TO THE SAID M.K.SURESH DATED 25/5/2011 WHICH IS VALID UPTO 25/5/2016
EXT.P7	A TRUE COPY OF THE CHALAN DATED 28/4/2015 REMITTING RS.1000/- TOWARDS THE RENEWAL FEE OF THE MINING PERMIT REMITTED BY THE PETITIONER
EXT.P8	A TRUE COPY OF THE ORDER DATED 2/7/2005 ISSUED BY THE TAHSILDAR, SULTHAN BATHERY WITHDRAWING THE PROHIBITORY ORDER ISSUED AGAINST THE PETITIONER'S QUARRY. 2/-

¶19

-2-

¶20

WP(C).NO.13888/2016

¶21

EXT.P9 A TRUE COPY OF THE COMMUNICATION DATED 27/9/2014 GIVEN BY THE DISTRICT TOURISM PROMOTION COUNCIL TO ONE SRI.MOHANAN EDAKKAL. EXT.P10 A TRUE COPY OF THE COMMUNICATION DATED 27/1/2016 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXT.P11 A TRUE COPY OF THE PROCEEDINGS DATED 17/6/2015 OF THE DISTRICT DISASTER MANAGEMENT AUTHORITY EXT.P12 A TRUE COPY OF THE LICENSE DATED 10/7/2015 ISSUED TO THE LICENSE SRI.K.YOUSEF BY THE AMBALAVAYAL GRAMA PANCHAYAT FOR THE PERIOD 2015-16 WHICH IS VALID UPTO 31/3/2016

¶22

RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.S.TO JUDGE

sts

K. Vinod Chandran, J

W.P.(C) No.13888 of 2016-I,

¶30

¶31

Dated this the 19^th day of December, 2016

¶32

JUDGMENT

¶33

The petitioner has challenged Exhibit P10 communication issued by the Geologist on the basis of Exhibit P11 proceedings of the District Collector in the above writ petition. Obviously the quarrying operations are carried on with a short term permit from the Geologist. Exhibit P11 was issued invoking the powers under The Disaster Management Act, 2005, since the quarry is said to have been conducted within 200 meters of the tourist spots mentioned in Exhibit P10.

¶34

Though the challenge made is to Exhibits P10 and P11, as of now there cannot be any quarrying operations carried on without an Environmental Clearance [for brevity “EC”] as issued by the State / District Environment Impact Assessment Authority. The said prescription was insisted upon for all quarries without reference to the extent of the quarrying area by the Hon'ble Supreme Court in

¶35

Deepak Kumar v. State of Haryana [(2012) 4 SCC 629]. The

¶36

WP(C) No.13888 of 2016 - 2 -

¶37

prescription has also been incorporated in the Environmental Impact Assessment (EIA) Notification No.2006 (SO 1533 E) dated 14.09.2006 issued by the Ministry of Environment and Forests and Climate Change; by S.O No. 141 (E) dtd. 15.01.2016. The short-term permits issued by the Department of Geology, within the State of Kerala based on the provisions in the Kerala Minor Mineral Concession Rules of 2015 (for brevity KMMC Rules), were found to be illegal by a Division Bench of this Court in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78] . The SLP filed against the said judgment, numbered as SLP 30103 of 2015, has also been dismissed by the Hon'ble Supreme Court by order dated 02.12.2016. In such circumstance, there can be no quarry carried on without an EC.

¶38

The writ petition, hence, would stand dismissed. No costs.

¶39

Sd/- K.Vinod Chandran Judge

¶40

vku/-

¶41

[ true copy ]

Kuttan M.K. v. the District Collector

Case brief

What is this about?

What did the court decide?

Kuttan M.K. v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.S.Stone Crusher Vs State of Kerala

Thomas Mangaly Vs Secretary

Varghese Vs State of Kerala

Marath Enterprises and Crushers Private Limited Vs State of Kerala

V.M.Moideenjkutty Vs the District Geologist

C.P.Thomas Vs State of Kerala