Disposed

Sreeram Crushers v. the State of Kerala

Kerala HC19 Feb 2020WP(C)/2942/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of six connected writ petitions filed by granite quarry operators and crushers challenging various notices and orders. The Court held that the proceedings are governed by the judgment dated 18/12/2019 in WP(c) No. 26431/2019 (reported as George Vs. State of Kerala). Consequently, the Court ordered that the respondents must comply with the directions issued in Geor

What did the court decide?

The petitions were disposed of by directing the respondents to comply with the directions and time limits of the Court's judgment in George Vs. State of Kerala (2020(1) KLT 109).

Sreeram Crushers Vs the State of Kerala — Kerala HC (2020) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 WP(C).No.4461 OF 2020(G)

¶5

PETITIONER:

¶6

K.J. VASUDEVAN NAIR GRANITES

¶7

REP. BY MANAGING PARTNER, SASIKUMAR K V., AGED 54 YEARS, S/O. K.J. VASUDEVAN NAIR, KILLANUR VILLAGE, MULANKUNNATHUKAVU P O, THRISSUR DISTRICT.

¶8

BY ADV. SRI.V.M.KRISHNAKUMAR

¶9

RESPONDENTS:

¶10

1 STATE OFKERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT, THIRUVANANTHAPURAM, KERALA, 695001.

¶11

2 PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES, MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶12

3 PRINCIPAL SECRETARY

¶13

DEPARTMENT OF FOREST AND WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶14

4 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P O, THIRUVANANTHAPURAM-695004.

¶15

5 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, CHEMBUKKAVU, THRISSUR, PIN-680020.

¶16

6 THE CHIEF WILDLIFE WARDEN FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶17

7 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI110003.

¶18

8 NATIONAL BOARD FOR WILDLIFE3606

¶19

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶20

¶21

PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI-110003.

¶22

R7-8 BY SMT.MAHESWARY.G., CGC

¶23

SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST)

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

¶26

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶27

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶28

PRESENT

¶29

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶30

WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

¶31

WP(C).No.2942 OF 2020(P)

¶32

PETITIONER:

¶33

SREERAM CRUSHERS

¶34

VADAKKANCHERY,A PARTNERSHIP FIRM,REPRESENTED BY ITS MANAGING PARTNER K RAJENDRAN,AGED 5O,S/O KANADI GANGADHARAN,KANADI HOUSE,PERINGOTTUKARA.P.O,THRISSUR DISTRICT-680541.

¶35

BY ADV. SRI.G.SREEKUMAR (CHELUR)

¶36

RESPONDENTS:

¶37

1 THE STATE OF KERALA

¶38

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,FOREST DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM DISTRICT-695001.

¶39

2 THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, PEECHI,THRISUR DISTRICT-680652.

¶40

3 THE DIRECTORATE OF MINING AND GEOLOGY, OFFICE OF THE DIRECTORATE OF MINING AND GEOLOGY,THIRUVANANTHAPURAM DISTRICT-695001.

¶41

4 THE DISTRICT GEOLOGIST, OFFICE OF THE DISTRICT GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,TOWN BUS STAND COMPLEX, PALAKKAD DISTRICT-678014.

¶42

5 THE KANNAMBRA GRAMA PANCHAYATH, REPRESENTED BYITS SECRETARY,KANNAMBRA.P.O, PALAKKAD DISTRICT-678686.

¶43

SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST)

¶44

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶45

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶46

¶47

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶48

PRESENT

¶49

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶50

WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

¶51

WP(C).No.4467 OF 2020(G)

¶52

PETITIONER:

¶53

ANNAMMA ANTONY AGED 52 YEARS POONTHURUTHIL HOUSE,MALIPPARA.P.O, PINDIMANA VILLAGE,KOTHAMANGAM TALUK, ERNAKULAM DISTRICT.

¶54

BY ADV. SRI.BINU PAUL

¶55

RESPONDENTS:

¶56

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN,JORBAGH ROAD,NEW DELHI110003.

¶57

2 STANDING COMMITTEE OF THE NATIONAL BOARD OF WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS,MINISTRY OF ENVIRONMENT AND FORESTS,INDIRA PARYAVARAN BHAWAN,JORBAGH ROAD,NEW DELHI-110003.

¶58

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶59

4 PRINCIPAL CHIEF FOREST CONSERVATOR(WILDLIFE )AND CHIEF WIDLIFE WARDEN, FOREST HEADQUARTERS,NANDAVANAM, VAZHUTHACAUD,THIRUVANANTHAPURAM-695014.

¶60

5 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,

¶61

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶62

¶63

III FLOOR,KSRTC COMPLEX,THIRUVANANTHAPURAM-695003.

¶64

6 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,PATTAM, THIRUVANANTHAPURAM-695004.

¶65

7 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,ERNAKULAM, PIN-682030.

¶66

SRI.P.VIJAYAKUMAR, ASGI, SRI.M.P.SREEKRISHNAN, SC,, SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST)

¶67

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶68

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶69

¶70

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶71

PRESENT

¶72

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶73

WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

¶74

WP(C).No.4803 OF 2020(A)

¶75

PETITIONER:

¶76

MUHAMMED ISMAIL MAKKI AGED 48 YEARS ANAPPARAKKAL HOUSE, UNNIKULAM.P.O, KOZHICODE DISTRICT

¶77

BY ADVS. SRI.MANSOOR.B.H. SMT.JANET JOB

¶78

RESPONDENTS:

¶79

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, INDIRA PARYAWARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110003

¶80

2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENT AND FOREST, INDIRA PARYAWARANA BHAVAN, JORBAGH ROA,D NEW DELHI 110003

¶81

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM695001

¶82

4 DIRECTOR MINING AND GEOLOGY OFFICE OF THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPRUAM-695001

¶83

5 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (WILD LIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM 695001

¶84

6 STATE ENVIRONMENTAL IMPACT ASESSMENT AUTHORITY,

¶85

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶86

¶87

REPRESENTED BY ITS DIRECTOR, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM-695001

¶88

7 DISTRICT GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY CIVIL STATION, KOZHIKODE-673020

¶89

8 DIVISION FOREST OFFICER DIVISIONAL FOREST OFFICE, CIVIL STATION, KOZHICODE673020

¶90

SRI.P.VIJAYAKUMAR, ASGI, SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST), SRI.M.P.SREEKRISHNAN,SC

¶91

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶92

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶93

PRESENT

¶94

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶95

WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

¶96

WP(C).No.4714 OF 2020(L)

¶97

PETITIONER:

¶98

RUBY STONE CRUSHER

¶99

CHAMEL.P.O, THAMARASSERY,KOZHIKODE-673573,REPRESENTED BY ITS MANAGING PARTNER,ABDULLA KOYA THANGAL.C.P, S/O .POOKOYA THANGAL.

¶100

BY ADV. SRI.PHILIP J.VETTICKATTU

¶101

RESPONDENTS:

¶102

1 THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE,JORBAGH ROAD,NEW DELHI110003,REPRESENTED BY ITS DIRECTOR.

¶103

2 NATIONAL BOARD FOR WILD LIFE, MINISTRY OF ENVIRONMENT,FOREST AND CLIMATE CHANGE,JORBAGH ROAD,NEW DELHI-110003,REPRESENTED BY ITS MEMBER SECRETARY.

¶104

3 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA,KESAVADASAPURAM,PATTOM.P.O, THIRUVANANTHAPURAM,PIN-695001.

¶105

4 THE GEOLOGIST, DEPARTMENT OPF MINING AND GEOLOGY, DISTRICT OFFICE,CIVIL STATION,KOZHIKODE-673020.

¶106

5 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(SEIAA KERALA), REPRESENTED BY ITS DIRECTOR,DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,PALLIMUKKU, PETTAH.P.O, TRIVANDRUM-695024.

¶107

6 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

¶108

7 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,TRIVANDRUM-695001.

¶109

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶110

SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST), , SRI.P.VIJAYAKUMAR, ASGI, SRI.M.P.SREEKRISHNAN, SC

¶111

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶112

¶113

¶114

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶115

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶116

PRESENT

¶117

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶118

WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

¶119

WP(C).No.4716 OF 2020(L)

¶120

PETITIONER:

¶121

TRAVANCORE GRANITES PVT.LTD.

¶122

KUTTAMALA P.O., THIRUVANANTHAPURAM - 695 505 REPRESENTED BY ITS MANAGING DIRECTOR, BIJU JACOB, AGED 57, S/O. LATE CHACKO

¶123

BY ADVS. SRI.R.T.PRADEEP SRI.BENOJ C AUGUSTIN SHRI.MANAS P HAMEED

¶124

RESPONDENTS:

¶125

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001

¶126

2 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM - 695 004

¶127

SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST)

¶128

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶129

¶130

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶131

ALEXANDER THOMAS, J.

¶132

W.P.(C).Nos. 4461 of 2020, 4467/2020, No.2942/2020, 4803/2020, 4714/2020, 4716/2020

¶133

Dated this the 19th day of February 2020

¶134

JUDGMENT

¶135

The prayers in WP(c) 4461 of 2020 are as follows:

¶136

(I) To issue a writ in the nature of mandamus commanding the 1^st respondent to forward the entire documents including environment clearance issued to the petitioner's quarry and connected papers as is directed in Ext.P8 judgment to the Ministry of Environment, Forest and Climate Change, Union of India within 15 days from the date of receipt of copy of the judgment as is directed in Ext.P8 judgment and further direct the Union of India to place the document before the standing committee of National Board for Wildlife within a week from the date of receipt of a copy of documents from the government and further directed the standing committee of National Board of Wildlife to pass orders regarding the permissibility of conducting quarrying operation by the petitioner, pursuant to Ext.P1 to P4 within a period of two months.

¶137

(ii) Issue a writ in the nature of mandamus commanding respondents not to interfere with the conduct of quarry of the petitioners on the basis of Ext.P1 to P4 as well as statutory sanctions in the event of the respondents not taking a decision within a cumulative period of 50 days from the date of receipt of the documents from the 1^st respondent - State Government, as is directed in Ext.P8 judgment.

¶138

(iii) Award cost of this proceedings to the petitioner.

¶139

The prayers in WP(c) 4467 of 2020 are as follows:

¶140

(I) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P9 stop memo issued to the petitioner and quash the

¶141

¶142

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶143

same.

¶144

(ii) declare that the petitioner herein is similarly situated to that of the petitioner in WP(c) NO. 26431 of 2019 and connected cases and entitled to same relief.

¶145

The prayers in WP(c) 4467 of 2020 are as follows:

¶146

(I) Issue a writ of mandamus or any other writ, order or direction commanding the respondents to extend the benefit of all the directions contained in Ext.P11 to the case of the petitioner as well in the interest of justice.

¶147

The prayers in WP(c) 4803 of 2020 are as follows:

¶148

(I) To call for the records leading to Ext.P3 and

¶149

quash the same.

¶150

(ii) Issue a writ of certiorari or such other writ order or direction quashing Ext.P6 to the extent it stipulates that the proposals involving developmental activities/projects located within 10 km from National or ESZ Notification is in draft stage Park/Wild Life Sanctuaries wherein final ESZ notification is not notified is in draft stage, obtaining of prior clearance from second respondent is mandatory.

¶151

The prayers in WP(c) 4714 of 2020 are as follows:

¶152

(I) Issue a writ of certiorari or such other writ order or direction similar to the writ of certiorari, quashing Ext.P5 to the extent it stipulates that proposals involving developmental activities/projects located within 10 km from National Park/Wild Life Sanctuaries wherein final ESZ Notification is prior clearance from Standing Committee of National Board for Wild Life is mandatory; to notified (or) ESZ notification is in draft stage, obtaining of prior clearance from Standing Committee of National Board for Wild Life is mandatory;

¶153

(ii) Declare that any restriction/safeguard by way of stipulating to obtain prior clearance from the Standing Committee of National Board for Wild Life for mining operation which lies within 10 KM from National Park/Wild Life Sanctuaries can be enforced only on the strength of a valid law notified in terms of Rule 5 of Rules, 1986 r/w. Section 32(v) of Act, 1980. Issue a Writ of Mandamus or such other writ or order or direction directing the respondents not to insist the petitioner to take any Clearance from

¶154

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶155

¶156

the Standing Committee of National Board for Wild Life till the final notification is issued notifying the ESZ, in adherence of Rule 5 of the Rules, 1986;

¶157

iv) Issue a writ of Certiorari or such other writ or order or direction similar to writ of Certiorari, quashing Ext.P4; Issue a Writ of Mandamus or such other writ or order or direction directing the respondents not to interfere with the functioning of the quarry and crusher units of the petitioner for want of any clearance from Standing Committee of National Board for Wild Life;

¶158

The prayers in WP(c) 4716 of 2020 are as follows:

¶159

(I) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext.P1 and quash the same.

¶160

Heard the learned Advocates appearing for the petitioners in these cases, Sri. K. Sandesh Raja, learned Government Pleader (Forest) appearing for the respondent State Authorities, Sri. P.Vijayakumar, learned Assistant Solicitor General appearing for respondent Union of India and respondent National Wildlife Board and Smt. G. Maheswari, learned Central Government Counsel appearing for the respondent Union of India in WP(c) No. 4461/2020 and Sri. M.P. Sreekrishnan, learned counsel appearing for Kerala State Environmental Impact Assessment Authority.

¶161

After hearing both sides, it is seen that the matter in issue is covered by the judgment dated 18/12/2019 rendered by this Court in WP(c) No. 26431/2019 and connected cases in the case in George Vs. State of Kerala 2020(1) KLT 109 , a copy of which has been produced as an exhibited document in some of these cases. Accordingly it is ordered that

¶162

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶163

¶164

the directions and orders issued by this Court in George's case supra (2020(1) KLT 109) will regulate these cases as well. The said directions and orders should be complied with by the respondent authorities concerned in terms of the directives issued by this Court in George's case supra and the time limits mentioned in the said judgment will also appropriately apply in the facts and circumstances of these cases.

¶165

With these observations and directions the above writ petitions (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS

Nsd

JUDGE

//true copy// PA to Judge

¶171

¶172

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶173

APPENDIX OF WP(C) NO.4461/2020

¶174

PETITIONER'S/S EXHIBITS:

¶175

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY DATED 11.11.2009.

¶176

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY DATED 22.1.2010.

¶177

EXHIBIT P3 TRUE COPY OF THE REGISTERED QUARRYING LEASE DATED 17.12.2009.

¶178

EXHIBIT P4 TRUE COPY OF THE REGISTERED QUARRYING LEASE DATED 6.3.2010.

¶179

EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY WILDLIFE WARDEN TO THE SECRETARY STATE LEVEL EXPERT APPRAISER COMMITTEE DATED 24.01.2017 ALONG WITH ENGLISH TRANSLATION.

¶180

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 23.11.2019 ISSUED BY THE GEOLOGIST ALONG WITH ENGLISH TRANSLATION.

¶181

EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 11.10.2019 ALONG WITH ENGLISH TRANSLATION.

¶182

EXHIBIT P8 TRUE COPY OF THE JUDGMENT REPORTED N 2020(1) KLT 109

¶183

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 27.1.2020 SUBMITTED TO THE 1ST RESPONDENT.

¶184

¶185

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶186

APPENDIX OF WP(C) NO.2942/2020

¶187

PETITIONER'S/S EXHIBITS:

¶188

EXHIBIT P1 EXHIBIT P2	A TRUE KANNAMB NAME OF A TRUE PETITIO	COPY OF THE RA GRAMA PAN THE PETITIO COPY OF THE NER DATED 11	LICENSE ISSUED BY THE CHAYATH DATED 11.4.19 IN THE NER. LICENSE ISSUED FOR THE .4.19.
EXHIBIT P3	A TRUE DISTRIC	COPY OF THE T GEOLOGIST,	CERTIFICATE ISSUEDBY THE PALAKAD DATED 3.10.17.
EXHIBIT P4	A TRUE DIRECTO	COPY OF THE R OF MINING	COMMUNICATION FROM THE AND GEOLOGY DATED 16.6.18.
EXHIBIT P5	A TRUE NO.DIA/	COPY OF THE KL/PL/18/17	ENVIRONMENTAL CLEARANCE DATED 31.1.18.
EXHIBIT P6	A TRUE THE POL	COPY OF THE LUTION CONTR	CONSENT TO OPERATE ISSUED BY OL DATED 8.2.18.
EXHIBIT P7	A TRUE PETROLU	COPY OF THE EM DEPARTMEN	PERMISSION GRANTED BY THE T DATED 22.5.18.
EXHIBIT P8	A TRUE THE DEP	COPY OF THE ARTMENT DATE	DEALER'S LICENSE ISSUED BY D 26.4.18.
EXHIBIT P9	A TRUE ISSUED DATED 9	COPY OF THE BY THE FIRE .6.17.	NO OBJECTION CERTIFICATE AND RESCUE SERVICES,PALAKKAD
EXHIBIT P10	A TRUE DIRECTO GEOLOGY	COPY OF THE RATE OF MINI ,THIRUVANANT	COMMUNICATION FROM THE NG AND HAPURAM DATED 13.7.17.
EXHIBIT P11	A TRUE (1)KLT	COPY OF THE PAGE 109 DAT	JUDGMENT REPORTED IN 2020 ED 18.12.2019.

¶189

¶190

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶191

APPENDIX OF WP(C) NO.4803/2020

¶192

PETITIONER'S/S EXHIBITS:

¶193

EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 7.4.2018 BEARING NO.17/201819/2683/M3/2017 DMG ISSUED BY THE SECOND RESPONDENT EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 22.2.2018 BEARING NO.35/2018 EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 21.10.2019 BEARING NO.DOZ/M 2290/2019 ISSUED BY THE SEVENTH RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.29866/2019 DT.3.12.2019 EXHIBIT P5 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 BEARING F NO.22-43/2018-IA .III EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23/I/2020 IN WP(C)NO.1914/2020 OF THIS HON'BLE COURT

¶194

¶195

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶196

APPENDIX OF WP(C) NO.4467/2020

¶197

PETITIONER'S/S EXHIBITS:

¶198

EXHIBIT P1	TRUE COPY OF THE QUARRYING LEASE FOR EXTRACTION OF GRANITE BUILDING STONE ISSUED TO THE PETITIONER DATED 17.02.2018
EXHIBIT P2	TRUE COPY OF THE EXPLOSIVE LICENSES E/SE/KL22/146(E105658)ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,ERNAKULUM DATED 26.11.2018
EXHIBIT P3	TRUE COPY OF THE 'CONSENT VARIATION ORDER ALONG WITH CONSENT TO OPERATION/INTEGRATED CONSENT TO OPERATE-RENEWAL FILE NO.6828294 DATED 31.1.2018 ISSUED BY THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER
EXHIBIT P4	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.DIA/KL/MIN/9256/2017 DATED 23.01.2018
EXHIBIT P5	COPY OF THE COMMUNICATION DATED 16-11-2017 SENT BY THE MINISTRY OF ENVIROMENT,FORESTS AND CLIMATE CHANGE(ESZ DIVISION).
EXHIBIT P6	COPY OF THE COMMUNICATION FROM THE SECRETARY,GOVENMENT OF INDIA,MINISTRY OF ENVIRONMENT,FORESTS AND CLIMATE CHANGE TO THE CHIEF SECRETARY,GOVERNMENT OF KERALA DATED 19.12.2017
EXHIBIT P7	COPY OF THE OFFICE MEMORANDUM DATED 2-12- 2009 ISSUED BY THE GOVERNMENT OF INDIA,MINISTRY OF ENVIRONMENT AND FORESTS
EXHIBIT P8	COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 ISSUED BY THE GOVERNMENT OF INDIA,MINISTRY OF ENVIROMNENT AND FORESTS
EXHIBIT P9	COPY OF THE NOTICE DATED 21.10.2019 ISSUED TO THE PETITIONER BY THE 7TH RESPONDENT
EXHIBIT P10	A COPY OF THE CITITION OF KHC2020(1) OF THIS HON'BLE COURT IN WP(C)NO.37907/2018 WITH CONNECTED CASES DATED 18.12.2019.

¶199

¶200

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶201

APPENDIX

¶202

PETITIONER'S/S EXHIBITS:

¶203

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED IN RESPECT OF THE QUARRY OF THE PETITIONER DT.15-1-2018 EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY DT.23-9-2017 EXHIBIT P3 TRUE COPY OF LICENSE,FOR THE PERIOD 1-4-2019 TO 31-3-2023 WITH RESPECT TO THE CRUSHER UNIT OF THE PETITIONER ISSUED BY THE KATTIPPARA GRAMA PANCHAYAT EXHIBIT P4 TRUE COPY OF NOTICE DT.21-10-2019 ISSUED BY THE DISTRICT GEOLOGIST,KOZHIKODE EXHIBIT P5 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019,REFERRED TO IN EXT.P4 EXHIBIT P6 TRUE COPY OF THE PROPOSAL OF THE STATE GOVERNMENT TO FIX THE DISTANCE CRITERIA AS I KM RADIUS FROM THE BOUNDARY OF NATIONAL PARK AND WILD LIFE SANCTUARIES EXHIBIT P6(A) TRUE COPY OF THE GOOGLE MAP SHOWING THE DISTANCE BETWEEN THE WILD LIFE SANCTUARY AND THE QUARRYING UNIT OF THE PETITIONER.

¶204

WP(C).No.4461 OF 2020(G, WP(C).No.4467 OF 2020(G)& WP(C).No.2942 OF 2020(P), 4803 OF 2020, 4714 OF 2020 AND 4716 OF 2020

¶205

¶206

APPENDIX

¶207

PETITIONER'S/S EXHIBITS:

¶208

EXHIBIT	P1 TRUE COPY OF THE ORDER 16.10.2019 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY
EXHIBIT	P2 TRUE COPY OF THE QUARRYING LEASE DATED 04.05.2011
EXHIBIT	P3 TRUE COPY OF THE CONSENT TO OPERATE QUARRY VALID UP TO 09.02.2023, ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD
EXHIBIT	P4 TRUE COPY OF THE LICENCE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM DATED 26.02.2019
EXHIBIT	P5 TRUE COPY OF THE PROCEEDINGS DATED 03.05.2011 GRANTING QUARRYING LEASE TO THE PETITIONER
EXHIBIT	P6 TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONER FOR MINING OPERATIONS DATED 30.03.2019
EXHIBIT	P7 TRUE COPY OF LICENCE ISSUED TO THE PETITIONER FOR FUNCTIONING OF CRUSHER UNIT DATED 30.03.2019
EXHIBIT	P8 TRUE COPY OF THE LETTER DATED 29.11.2019 ISSUED BY THE WILDLIFE WARDEN SHOWING THAT THE LAND DISTANCE OF THE QUARRY OF THE PETITIONER IS 9 KMS
EXHIBIT	P9 TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

Sreeram Crushers v. the State of Kerala

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Sreeram Crushers v. the State of Kerala

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