The High Court held that a Panchayath cannot stop quarrying operations based on a valid permit. The court directed that any concerns regarding water sources should be addressed by the competent authority, leading to the set aside of the impugned stop memo.
The impugned order (stop memo) is set aside.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937
WP(C).No. 4921 of 2016 (M)
PETITIONER :
ABDUL MAJEED C.P., S/O ALIYAMMU, AGED 56 YEARS, CHEERAMPARAMBIL HOUSE, THANNEERKODE P.O., PATTISSERY DESOM, PALAKKAD.
BY ADVS.SRI.SHOBY K.FRANCIS SMT.MISHAL M.DASAN SMT.AGI SHOBY
RESPONDENT(S):
1. SENIOR GEOLOGIST, OFFICE OF THE GEOLOGIST,
2. VILLAGE OFFICER,
3. CHALISSERY GRAMA PANCHAYATH,
R1 & R2 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 4921 of 2016 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: | TRUE COPY OF THE LOCATION CERTIFICATE DATED 28.10.2015 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P2: | TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.10.2015 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P3: | TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 28.10.2015 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P4: | TRUE COPY OF THE LOCATION SKETCH DATED 28.10.2015 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P5: | TRUE COPY FO THE QUARRYING PERMIT FOR EXTRACTION OF LATERITE BUILDING STONE UNDE RRULE 3(1), 9 ANDF 10 OF THE KERALA MINOR MINERAL CONCESSION RULES, 2015 ON 7.12.2015 FOR A PERIOD UP TO 6.12.2016 ISSUED BY THE IST RESPONDENT. |
| EXHIBIT P6: | TRUE COPY OF THE STOP MEMO DATED 23.1.2016 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P7: | TRUE COPY OF THE MASS PETITION DATED 23.1.2016 SUBMITTED BY THE LOCAL RESIDENCE OF THE PETITIONER'S LATERITE BUILDING STONE QUARRY TO THE 3RD RESPONDENT. |
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
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A.MUHAMED MUSTAQUE, J.
================== W.P.(C).No. 4921 of 2016
==================
Dated this the 2nd day of March, 2016
J U D G M E N T
The petitioner challenging a stop memo issued by the 3rd respondent, Panchayath has approached this Court. Based on Ext.P5, the petitioner is quarrying laterite building stone. The validity of the permit would expire only on 6.12.2016. The Panchayath issued a stop memo stating that the quarrying will affect source of water.
The writ petition is disposed of, as above. sd/sab A.MUHAMED MUSTAQUE, JUDGE
1 issue framed by the court
Whether a Panchayat can stop quarrying based on a valid permit issued by the competent authority citing potential impact on water source.
1 provisions across 1 enactments
ABDUL MAJEED C.P.
SENIOR GEOLOGIST, OFFICE OF THE GEOLOGLIST
VILLAGE OFFICER, CHALISSERY
CHALISSERY GRAMA PANCHAYATH
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
