The High Court allowed a writ petition concerning quarries operated by the sixth respondent. Ordering that no quarrying proceeds without valid permits, environmental clearance, and pollution board consent, the court reserved the distance criteria issue for the appropriate authority to consider upon issuance of said permits.
The writ petition allowed; no costs.
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 K.VINOD CHANDRAN
TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938
WP(C).No. 7651 of 2016 (F)
PETITIONER(S):
JOSEPH P.V.
S/O.LATE VARKERY, PULLATU HOUSE, OLINGAKADAVU P.O, MANGALAGIRI, PALAKKAD DISTRICT - 678 706.
BY ADVS.SRI.P.G.SURESH
SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ
SRI.V.HARISH
RESPONDENT(S):
1. STATE OF KERALA
2. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PETTAH, THIRUVANANTHAPURAM - 695 024, REPRESENTED BY ITS MEMBER SECRETARY.
3. THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD - 678 014.
4. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD - 678 014.
5. ENVIRONMENTAL ENGINEER DISTRICT POLLUTION CONTROL BOARD, PALAKKAD - 678 001.
6. N.T.DINESH MON, AGED 40 YEARS S/O. THANKAPPAN, NEENDUTHALAKAL HOUSE, KALLIKAD P.O., THRISSUR DISTRICT - 680 028. (PROPRIETOR OF M/S. RUDRA GRANITES)
R6 BY ADV. SRI.RAJIT R5 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
R BY GOVERNMENT PLEADER SRI. RENIL ANTO (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7651 of 2016 (F) ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
P1 - A TRUE PHOTOCOPY OF THE MINING PERMIT DT. 09.9.2013 ISSUED BY THE 3RD RESPONDENT.
P2 - A TRUE PHOTOCOPY OF THE CONSENT TO OPERATE DT. 21.4.2014 ISSUED BY THE 5TH RESPONDENT.
P3 - A TRUE PHOTOCOPY OF THE CONSENT VARIATION ORDER DT. 15.6.2015 ISSUED BY THE 5TH RESPONDENT.
P4 - A TRUE PHOTOCOPY OF THE ORDER DT. 18.5.2012 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS.
P5 - A TRUE PHOTOCOPY OF THE REPLY DT. 10.2.2016 FROM THE OFFICE OF THE 4TH RESPONDENT.
P6 - A TRUE PHOTOCOPY OF COMMUNICATION NO. DOP/1419/2015/M DT. 03.6.2015 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.
P7 - A TRUE PHOTOCOPY OF REPLY DT. 20.2.2016 FROM THE OFFICE OF THE 5TH RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
// TRUE COPY ///
P.A TO JUDGE
SB
K. VINOD CHANDRAN, J.
=====================
W.P.(C) No.7651 of 2016- F
====================== Dated this the 20th day of December, 2016
J U D G M E N T
The petitioner is aggrieved with the quarrying
carried on by the 6th respondent. The 6th respondent submits that they have not yet commenced and only intending to make applications for permission and then commence quarrying operations.
be carried out without permits issued under the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules, the D & O licence issued by the local authority and the Environmental Clearance issued by the State Environmental
2
W.P.(C) No.7651 of 2016- F
Impact Assessment Authority as also the consent to establish and consent to operate from the Kerala State Pollution Control Board. The issue of distance criteria as raised by the petitioner shall be left open for consideration by the appropriate authority, in the event of the permits and sanctions being issued.
The writ petition would stand allowed. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/20/12//2016
// true copy //
P.A to Judge
2 issues framed by the court
Whether quarrying operations can be carried out without compliant permits and environmental clearances.
Whether the issue of distance criteria can be considered in the absence of issued permits.
JOSEPH P.V.
STATE OF KERALA
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD
THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD
ENVIRONMENTAL ENGINEER DISTRICT POLLUTION CONTROL BOARD, PALAKKAD
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
