Writ petition seeking quashing of quarrying permits and mandamus for declaration that respondents lacked environmental clearance was closed pending environmental clearances as permit validity had expired.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940
WP(C).No. 33141 of 2016
PETITIONER:
ANUSREE AGED 19 YEARS D/OP. SOMARAJAN, EYYALLOR KONATHU PUTHEN VEEDU,KUDAVATTOOR P.O., ODANVATTOM, KOLLAM - 691 531.
BY ADVS. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. SRI.S.VINODKUMAR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY,DEPARTMENT OF INDUSTRIES AND COMMERCE,SECRETAIRAT, THIRUVANANTHAPURAM - 695 001.
S/O. SOMANATHAN, THEKKUVILA MELATHIL VEEDU,OADANAVATTOM, KUDAVATTOOR P.O.,KOTTARAKKARA, KOLLAM - 691 531.
BY ADV. SRI.B.KRISHNA MANI
GP-SRI SURIN GEORGE IYPE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33141 of 2016
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JUDGMENT
This writ petition was filed seeking the issue of a writ of certiorari against Ext.P4 and P5 quarrying permits and also for a writ of mandamus declaring that respondents 5 and 6 are not entitled to carryout quarrying operations in Block No. 32 re-survey Nos. 16/3-2, 12/9-2 and12/9 of Veliyam Village, Kottarkara Taluk in Kollam district without obtaining environmental clearance. While admitting the writ petition, this court had passed an interim order to the effect that any quarrying operations carried out by respondents 5 and 6, as per Exts.P4 and P5, shall be interdicted if the same is carried on without any environmental clearance. When the matter was taken up for final hearing, it was brought to the notice of this court that pending the writ petition, the validity period of P4 and P5 permits have expired and that respondents 5 and 6 have not been able to procure environmental clearance for the purpose of conducting the quarry. In such circumstances, the writ petition is closed, reserving the liberty of respondents 5 and 6 to take appropriate measures for submitting the applications before the appropriate authorities for obtaining the requisite clearances and licenses for the purpose of conducting the quarry, if so advised.
Sd/-
V.G.ARUN
JUDGE
Ns //True Copy// PA to Judge
WP(C).No. 33141 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
P1 TRUE COPY OF THE LAND TAX RECEIPT AND PROPERTY TAX RECEIPT IN RESPECT OF THE LAND AND BUILDING OWNED BY THE PETITIONER.
P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 01.2.2016 AND 01.6.2015 ISSUED FROM VELIYAM VILLAGE OFFICE.
P3 TRUE COPY OF SKETCH SHOWING THE PROPERTIES OF THE PETITIONER AND THE RESPONDENTS 5 AND 6.
P4 TRUE COPY OF PERMIT DATED 29.2.2016 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
P5 TRUE COPY OF THE PERMIT DATED 12.10.2015 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.
P6 TRUE COPY OF THE CIRCULAR DATED 20.7.2011 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
P7
TRUE COPY OF THE INSPECTION REPORT OBTAINED UNDER RIGHT TO INFORMATION ACT IN RESPECT OF THE LAND OF 6TH RESPONDENT.
P8
TRUE COPY OF THE INTERIN INJUNCTION DATED 26.7.2016 IN IA NO. 2086/2016 IN OS NO. 423/2016 OF MUNSIFF COURT, KOTTARAKKARA.
P9
P10
TRUE COPY OF REPRESENTATION DATD 07.5.2016. TRUE COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DATED 07.10.2016.
Anusree
The State of Kerala
The Director of Mining and Geology
The Geologist Mining and Geology District Office
The District Police Chief Kollam (Rural)
Shaji
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
