Disposed

Prasanna v. the State of Kerala

Kerala HC8 Nov 2018WP(C)/16908/2018

Case brief

AI extract

What is this about?

Petitioner challenged an illegal quarry operation emitting noise near residential areas and schools. Court directed the Panchayath to consider the quarry company's application for a D&O license while addressing the petitioner's representation.

What did the court decide?

Directed the Secretary of Amboori Grama Panchayath to consider the D&O licence application and address the petitioner's representation within one month after hearing both parties.

Prasanna Vs the State of Kerala — Environment and Pollution | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

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WP(C).No. 16908 of 2018

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PETITIONER:

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PRASANNA

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W/O. JOHN, AGED 50 YEARS, SIBI BHAVAN, KANDANTHITTA, KUTTAMALA P.O,VAZHACHAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,PIN-695 505.

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BY ADV. SRI.R.GOPAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695 001.

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2 THE DISTRICT COLLECTOR COLLECTORATE BUILDING, KUNDAPPANAKUNNU P.O.,THIRUVANANTHAPURAM DISTRICT, PIN-695 001.

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3 THE DIRECTOR DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM-695014.

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4 THE DEPUTY SUPERINTENDENT OF POLICE NEDUMANGADU POLICE STATION,THIRUVANANTHAPURAM-695 018.

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5 THE SUB INSPECTOR OF POLICE

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WP(C).No. 16908 of 2018

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..2..

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NEYYARDAM POLICE STATION,KATTAKADA, THIRUVANANTHAPURAM DISTRICT,PIN-685 024.

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6 THE SECRETARY AMBOORI GRAMA PANCHAYATH, AMBOORI P.O,VELLARADA, THIRUVANANTHAPURAM DISTIRCT,PIN-695 019.

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7 THE TRAVANCORE GRANITE & METAL CRUSHER COMPANY, KADAMTHITTA, PANTHA P.O., REPRESENTED BY ITS MANAGING DIRECTOR, BIJU JACOB. BY ADVS. SRI.R.V.ABHISHEK SRI.BECHU KURIAN THOMAS (SR.) SRI.ENOCH DAVID SIMON JOEL SRI.POOVAPPALLY M.RAMACHANDRAN NAIR

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OTHER PRESENT:

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G.P- RAJI.T.BHASKAR.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16908 of 2018

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JUDGMENT

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Petitioner is the resident in building No.51A of Amboori Grama Panchayath, represented by the 6^th respondent Secretary. The 7^th respondent has adjacent property situate in Sy.No.172/5 in Vazhichal Village. According to the petitioner, house of the petitioner is situated within 50 meters of 7^th respondent's quarry, and other persons are also residing near the quarry. So also one nursery school and two churches are situated within 50 meters and there is a public pathway on the side of the 7^th respondent quarry. Case of the petitioner is that, the 7^th respondent quarry is an illegal quarry, without securing appropriate clearances from the respective statutory authorities.

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The 6^th respondent, Secretary of the

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WP(C).No. 16908 of 2018

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..4..

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Panchayth has filed a counter affidavit, where it is stated that, since the Mining and Geology Department has granted permission to the petitioner, to operate the quarry, there is no inhibition standing in the way of considering

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the D&O application submitted by the 7^th respondent. In that view of the matter, I am of the considered opinion that the writ petition can be disposed of with appropriate directions.

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There will be a direction to the 6^th

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respondent, to consider and process the application submitted by the 7^th respondent, for D&O licence. During that process, Ext.P5

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objection submitted by the petitioner, shall also be taken for consideration, and appropriate orders shall be passed in accordance with law, at the earliest, and at any rate, within a month

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from the date of receipt of a copy of this

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WP(C).No. 16908 of 2018

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judgment, after providing an oppertunity of hearing to both parties.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

PR/09.11.2018

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WP(C).No. 16908 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE LAND TAX RECEIPT OF THE PETITIONER'S PROPERTY EXHIBIT P2 PHOTOCOPY OF THE NOTICE DATED 24/6/2005 ISSUED BY THE 5TH RESPONDENT TO THE 7TH RESPONDENT

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EXHIBIT P3 PHOTOCOPY OF THE ORDER NO. B4-751/2018 DATED 20/4/2018 OF THE 6TH RESPONDENT. EXHIBIT P3(A0 PHOTOCOPY OF THE LEGIBLE COPY OF ORDER NO. B4-751/2018 DATED 20/4/2018 OF THE 6TH RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE 7TH RESPONDENT'S QUARRY EXHIBIT P4(A) PHOTOCOPY OF THE 7TH RESPONDENT'S METAL CRUSHER UNIT

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EXHIBIT P5 PHOTOCOPY OF THE REPRESENTATION DATED 10/5/2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS:

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EXHIBIT R6 A LETTER NO. B4-751/18 DATED 28/05/18 OF THE SECRETARY, AMBOORI GRAMA PANCHAYAT ADDRESSED TO DIRECTORATE OF MINING AND GEOLOGY.

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EXHIBIT R6 B RESOLUTION NO.4(1) DATED 19/06/2018 OF THE AMBOORI GRAMA PANCHAYAT.

Prasanna v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Prasanna v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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