Dismissed

V.M.Moideenjkutty v. the District Geologist

Kerala HC19 Dec 2016WP(C)/5602/2016

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions filed by a quarry permit holder challenging the necessity of Environmental Clearance. The Bench held that quarrying requires an EC under the EIA Notification 2006 as established by Supreme Court precedent, rendering the petitions without merit.

What did the court decide?

None; writ petitions dismissed with no costs due to mandatory requirement of EC for quarrying.

V.M.Moideenjkutty Vs the District Geologist — Environment and Pollution | 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, 1938PBS

¶5

WP(C).No. 5602 of 2016 (A)

¶6

PETITIONER(S)/PETITIONER:

¶7

V.M.MOIDEENKUTTY, S/O.MUHAMMED HAJI, AGD 48 YEARS, VELLAMULLI HOUSE, VALAPUZHA P O, KAILEYAD VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT

¶8

BY ADV. SRI.P.M.ZIRAJ

¶9

RESPONDENT(S)/RESPONDENTS:

¶10

1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT, 679 336

¶11

2. ANANGANADI GRAMA PANCHAYATH, PALAKKAD DISTRICT PIN 679 336, REP BY ITS SECRETARY

¶12

3. THE SECRETARY, ANANGANADI GRAMA PANCHAYATH, PALAKKAD DISTRICT 679 336

¶13

4. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM 695 001

¶14

5. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT, SECRETARIAT, THIRUVANANTHPAURAM 695 001

¶15

BY R1,R4&R5 SENIOR GOVERNMENT PLEADER SRI. K.J. MANURAJ

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2016, ALONG WITH WPC. 9090/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

SKG

¶18

WP(C).No. 5602 of 2016 (A)

¶19

APPENDIX

¶20

PETITIONER(S)' EXHIBITS

¶21

P1:TRUE COPY OF THE MINING PERMIT DTD 12/6/2013 ISSUED BY THE FIRST RESPONDENT

¶22

P2:TRUE COPY OF THE CONSENT TO OPERATE DTD 4/2/2014 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER

¶23

P3:TRUE COPY OF THE EXPLOSIVE LICENCE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE,CHENNAI DTD 26/2/2013

¶24

P4:TRUE COPY OF THE APPLICATION DTD 14/7/2014 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT

¶25

P5:TRUE COPY OF THE COUNTER FOIL OF CHELAN ISSUED BY THE FIRST RESPONDENT TOWARDS RECEIPT OF APPLICATION FEE

¶26

P6:TRUE COPY OF LETTER OF INTENT DTD 18/6/2015 ISSUED BY THE FIRST RESPONDENT

¶27

RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

P.A.TO JUDGE

SKG

K. Vinod Chandran, J

------------------------------------------------------------W.P.(C) Nos.5602 of 2016-A, 9090 of 2016-I, 19194 of 2016-Y & 19226 of 2016-C

¶34

--------------------------------------------------------------Dated this the 19^th day of December, 2016

¶35

JUDGMENT

¶36

The petitioners have filed the above writ petitions on the

¶37

ground that they are entitled to carry on quarrying operations on the basis of the permits issued by the Department of Geology without an Environmental Clearance [for brevity “EC”] based on the interim order of the Honourable Supreme Court passed in S.L.P.No.30103 of 2015.

¶38

As of now for obtaining a quarrying permit an Environmental Clearance (EC) under the EIA notification of 2006 is imperative. The requirement for EC emanates from Deepak Kumar v. State of Haryana [(2012) 4 SCC 629] and has 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

¶39

WP(C) No.5602 of 2016 & - 2 - connected cases

¶40

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. Hence no quarrying can be carried out without an EC.

¶41

In such circumstance, the writ petitions would stand dismissed. No costs.

¶42

Sd/- K.Vinod Chandran Judge

¶43

vku/-

¶44

[ true copy ]

V.M.Moideenjkutty v. the District Geologist

Case brief

What is this about?

What did the court decide?

V.M.Moideenjkutty v. the District Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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

C.P.Thomas Vs State of Kerala

Kuttan M.K. Vs the District Collector