The petitioner sought renewal of a quarry permit under Kerala Minor Mineral Concession Rules, 2015. The Court held that effective legal requirement for Environmental Clearance precludes quarrying without it.
Petition dismissed; no costs awarded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 13TH DAY OF DECEMBER 2016/22ND AGRAHAYANA, 1938
WP(C).No. 14482 of 2016 (I)
PETITIONER(S):
A.J.WALSTON
AGED 46 YEARS, ELAMBASSERIL HOUSE, VAYALA PO, KADAPLAMATTOPM, KOTTAYAM DISTRICT 686587
BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN
SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY, INDUSTRIES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001
2. THE DIRECTOR
3. THE GEOLOGIST MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM 681001
R1-R3 BY SR. GOVERNMENT PLEADER SRI. MANURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MLG
WP(C).No. 14482 of 2016 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF THE PERMIT NO. 43/GBS/CRPS/20112012/1045/DOY/2011 DTD. 27.07.2011 P2 TRUE COPY OF THE PERMIT NO. 44/GBS/CRPS/20112012/1045/DOY/2011 DATED 27.07.2011 P3 TRUE COPY OF THE JUDGMENT DTD. 15.06.2015 IN WPC.NO. 12985/2013 P4 TRUE COPY OF THE INTERIM ORDER DATED 07.12.2015 IN SLP (C) NO. 33130/2015
RESPONDENT(S)' EXHIBITS NIL -----------------------
//TRUE COPY//
P.S TO JUDGE
MLG
K. Vinod Chandran, J
----------------------------------------W.P.(C) No.14482 of 2016-I
---------------------------------------Dated this the 13th day of December, 2016
JUDGMENT
The petitioner sought for renewal of a quarry permit
under Rule 12 of the Kerala Minor Mineral Concession Rules, 2015.
petitioner does not have an Environmental Clearance and there is no renewal application pending before the authority.
[2016 (3) KLT 102] held that the interim order of the Hon'ble Supreme Court in S.L.P.No.30103 of 2015 granting status quo is of no consequence with respect to the issuance of quarrying permit. The civil appeal so filed against the judgment in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78] has also been dismissed by the Hon'ble Supreme Court. The requirement for EC emanates from Deepak Kumar v. State of Haryana [(2012) 4 SCC 629] and has been incorporated in the Environmental Impact
WP(C) No.14482 of 2016
Assessment Notification No. 2006 (SO 1533EE) dated 14.09.2016 issued by the Ministry of Environment and Forests and Climate Change; by S.O No.141 (E) dtd. 15.01.2016. Hence no quarrying can be carried out without an EC.
In such circumstance, the writ petition would stand
dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether a quarry permit can be renewed without Environmental Clearance despite pending applications.
Whether the interim order in SLP(C) No. 30103/2015 affects the issuance of quarrying permits.
Colour shows how this judgement treated each authority
Joseph Mathew v. State of KeralaReferred¶36
Joseph Mathew v. State of Kerala [2016 (3) KLT 102]
All Kerala River Protection Council v. State of KeralaReferred¶36
All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78]
Deepak Kumar v. State of HaryanaRelied on¶37
Deepak Kumar v. State of Haryana [(2012) 4 SCC 629] · Who else cites this
A.J. Walston
State of Kerala
The Director, Directorate of Mining and Geology
The Geologist, Mining and Geology
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
