Disposed

Zachariah P.John v. the Secretary, Thazhakkara Grama Panchayat

Kerala HC1 Nov 2019WP(C)/13991/2019

Case brief

AI extract

What is this about?

This writ petition challenged the Panchayat's refusal to permit the petitioner to remove ordinary earth due to alleged drought risks. The Court noted the expiration of the petitioner's Environmental Clearance and held it unnecessary to grant reliefs then. The petitioner was granted liberty to apply for Clearance renewal before reapproaching the Panchayat.

What did the court decide?

Liberty granted to petitioner to move an application for extension of Environmental Clearance; if renewed, he may then approach the Panchayat for removal of earth.

Zachariah P.John Vs the Secretary, Thazhakkara Grama Panchayat — Land Acquisition | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

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WP(C).No.13991 OF 2019(Y)

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PETITIONER:

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ZACHARIAH P.JOHN, AGED 68 YEARS, S/O. THOMA YOHANNAN, PALANIKKUNNATHIL PAINUMMOODU, MAVELIKKARA, ALAPPUZHA DISTRICT

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.V.R.SANJEEV KUMAR

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RESPONDENTS:

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1 THE SECRETARY, THAZHAKKARA GRAMA PANCHAYAT, THAZHAKKARA GRAMA PANCHAYAT, KALLIMEL P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT-690 509.

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2 THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ALAPPUZHA DISTRICT OFFICE, CHERTHALA, ALAPPUZHA DISTRICT-688 524

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3 THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, CIVIL STATION, ALAPUZHA-688 001, REPRESENTED BY ITS SECRETARY (SUB COLLECTOR, ALAPPUZHA)

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R1 BY ADV. SMT.A.SALINI LAL R1 BY ADV. SRI.R.SUNIL KUMAR R2-3 BY SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13991 OF 2019

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JUDGMENT

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Dated this the 1st day of November 2019

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The petitioner has approached this Court

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impugning Ext.P13 decision taken by the

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Panchayat, refusing to permit him to remove

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ordinary earth from his property. The petitioner says that he had approached the Panchayat on the strength of Ext.P2 Environmental Clearance as well as Ext.P4 Movement Permit issued by the

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Geologist and that he has paid necessary royalty for the ordinary earth.

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The petitioner says that, however,

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Thazhakkara Grama Panchayat refused to allow him to remove the earth merely saying that such

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removal may cause drought and shortage of

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drinking water in the locality. The petitioner asserts that this reason cited in Ext.P13 is without basis and asserts that, contrary to its

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WP(C).No.13991 OF 2019

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contents, the area was inundated and water logged

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during the recent monsoons. He, therefore, prays that Ext.P13 be set aside and the Panchayat be directed to permit him to remove the ordinary earth in terms of the earlier consent.

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learned counsel for the petitioner, on the afore lines, it is without doubt that the period of Ext.P2 Environmental Clearance has now expired

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and that the petitioner can seek removal of the ordinary earth only if the same is renewed in terms of law. I, therefore, do not find it appropriate or necessary to grant the reliefs sought for in this writ petition at this stage; but only to permit the petitioner to approach the State Impact Assessment Authority (SIAA) with a necessary application for renewal of Ext.P2 and

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if he is able to obtain such renewal, then to approach the Panchayat with an application, which shall then be considered by them in terms of law.

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WP(C).No.13991 OF 2019

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In the afore circumstances, I order this

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writ petition and grant liberty to the petitioner to move an appropriate application for extension of Ext.P2 Environmental Clearance and if he is able to obtain favourable orders thereon, then he will be at liberty to present it before the Panchayat, who shall thereupon consider the same, adverting to all necessary and applicable inputs, leading to a final decision thereon, which shall be taken as per law and without being tramelled by the earlier decision in Ext.P13.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.13991 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 04.11.2016 SUBMITTED BEFORE THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.1/2018 DATED 30.01.2018 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 16.04.2018 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER EXHIBIT P4 TRUE COPY OF THE MOVEMENT PERMIT DATED 16.04.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE CHALLAN RECEIPT DATED 16.04.2018 EVIDENCING PAYMENT OF RS.1/- LAKH TO THE GOVERNMENT OF KERALA

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EXHIBIT P6 TRUE COPY OF THE NOTICE DA TED 19.04.2018 ISSUED BY THE 1ST RESPONDENT IN THE FORM OF A STOP MEMO AGAINST THE PETITIONER EXHIBIT P7 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 3RD RESPONDENT AUTHORITY ON 21.04.2018 EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER MADE IN W.P(C) NO.14309/2018 DATED 21.05.2019 EXHIBIT P9 TRUE COPY OF THE STATEMENT DATED 05.10.2018 SUBMITTED BY THE 2ND RESPONDENT

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WP(C).No.13991 OF 2019

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EXHIBIT P10 TRUE COPY OF THE JUDGMENT MADE IN W.P(C) NO.14309/2018 DATED 11.01.2019 EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 07.03.2019 MADE IN W.A.NO.750/2019 EXHIBIT P12 TRUE COPY OF THE OBJECTION DATED 26.03.2019 SUBMITTED BY THE PETITIONER AGAINST EXHIBIT .P6 NOTICE BEFORE THE 1ST RESPONDENT EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS DATED 27.04.2019 ISSUED BY THE 1ST RESPONDNET EXHIBIT P14 TRUE COPY OF THE INFORMATION DATED 16.05.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P15 TRUE COPY OF THE REPORT DATED 05.10.2018 SUBMITTED BY THE 2ND RESPONDENT IN CONNECTION WITH W.P.C. 14309/2018 EXHIBIT P16 TRUE COPY OF THE FAMILY EMPLOYMENT CARD ISSUED BY THE REGISTRATION AUTHORITY UNDER NATIONAL RURAL EMPLOYMENT ACT 2005 IN THE NAME OF THE PETITIONER ON 02.04.2016 EXHIBIT P17 TRUE COPY OF THE JUDGMENT MADE IN W.P.C.NO.16748/2015 DATED 04.06.2015 BY THIS HON'BLE COURT.

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE R2(a) A TRUE COPY OF THE LETTER DATED 08.06.2018 ANNEXURE R2(b) A TRUE COPY OF THE LETTER DATED 28.07.2018

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//TRUE COPY// PA TO JUDGE

Zachariah P.John v. the Secretary, Thazhakkara Grama Panchayat

Case brief

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Zachariah P.John v. the Secretary, Thazhakkara Grama Panchayat

Case brief

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