Writ petition challenging quarrying permissions granted to private individuals, citing pollution, proximity to water bodies, and violation of Article 21. Court recorded that permits were valid and operations were pending. Petition dismissed as reliefs did not survive.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 8TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943 WP(C) NO. 10442 OF 2018
PETITIONER/S:
1 MANOJ M.N AGED 42 YEARS
AGED 42 YEARS,S/O.NARAYANAN,VEETTIKATTUMARI HOUSE,CHEENIKKUZHY,NORTH MAZHUVANOOR,PERUMBAVOOR.
BY ADVS. SRI.ESM.KABEER SMT.K.M.AMINABEEVI SRI.N.D.DIPINGHOSH SRI.JOMON P.VARGHESE
RESPONDENT/S:
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ERNAKULAM,CIVIL STATION,KAKKANADU-682030.
BY ADVS. SRI.ANOOP.V.NAIR GOVERNMENT PLEADER
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SMT.K.P.GEETHA MANI SRI.V.MANOJKUMAR SRI.S.SUJIN SRI.M.V.SURESH KANNUR SRI.V.K.SREEJITH SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10442 OF 2018
JUDGMENT
S. MANIKUMAR, CJ
Instant writ petition is filed for the following reliefs:-
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of one kilometer. If two more quarries are permitted to be operated in the area, it would cause heavy damages to the entire locality. The people of this area shall be deprived of their right to “peaceful and health life” guaranteed under Article 21 of the Constitution of India.
WP(C) NO. 10442 OF 2018
the basic principles of law. Thus, the petitioners now left with no other alternative effective remedy are forced to approach this Court, by filing this writ petition under Article 226 of the Constitution of India.
“xxx xxxx xxxxxxxx
2. Respondent No.12 has filed a counter affidavit, in which it is stated that he has purchased the property comprised in Survey Nos. 276 and 281 of Mazhuvannoor Village in North Mazhuvannoor Grama Panchayat. The said property is most ideal for conducting quarry and crusher units of granites and therefore, necessary applications for consent and permit have already been submitted before the respective authorities and the same are pending. It is also stated that he will not carry out any activity, either quarrying or crushing the granite, until all requisite licences and permissions are obtained.
3. Added further, Mr. S. Sujin, learned counsel for respondent No.12, submitted that as on today, no quarrying operations are carried out in Survey Nos. 276 and 281 of Mazhuvannoor Village.
4. We are unable to deduce relevant facts from the counter affidavit as to whether any permission has
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been granted or not, and also why, the quarrying activities have stopped. The duration of the permit is also not specified in the counter affidavit.
5. Learned Special Government Pleader, as well as the learned Standing Counsel appearing for respondent No.9, to file respective statements setting out, as to whether any permission has been granted, the duration of the permit, and also the reasons, as to why quarrying activities have been stopped.
“3. It is submitted that, the 12th respondent Sri. P.K.Prasad, Parackal House, North Mazhuvanoor, Ernakulam has submitted an application for quarrying lease in 3.3068 Hectares of land in Re survey No.279/2-1, 284/2-2 pt, 279/2-2, 284/2-3, 2-4 of Mazhuvanoor Village, Kunnathunad Taluk. The site was inspected on from the office of this respondent on 5.12.2015 and report has been forwarding to the Director of Mining & Geology for the grant of quarrying lease. The Director of Mining & Geology vide letter no. 1239/M3/2015 dated 7/1/2016 has issued letter of intent to obtain the statutory licenses for the grant of quarrying lease as per the Kerala Minor Mineral Concession Rules 2015. In the meantime, the 12th
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respondent submitted a request for the cancellation of the aforesaid letter of intent granted for the quarrying lease. The same has been reported before the Director of Mining & Geology. The Director. Mining & Geology vide letter no. 12329/M3/2015 dated 2/02/2018 has cancelled the letter of intent granted for the quarrying lease in Re survey No.279/2-1. 284/2-2 pt. 279/2-2, 284/2-3, 2-4 of Mazhuvanoor Village, Kunnathunad Taluk based on the request of the applicant.
4. The 13th respondent, Sri Saju Kandanadan. Kandanadan House, Perumbavoor has not submitted any request for quarry permit/quarrying lease in the office of this respondent as averred in the writ petition. The 14th respondent Sri Sajeev M.A. Mundeth House Kalady, Ernakulam District had submitted an application for quarrying permit on 27/2/2017 for quarrying in 0.8364 hectares of land in Block 29. Re.survey Nos. 276/4-2, 276/8, 276/5, 276/6 of Mazhuvanoor Village Kunnathunad Taluk. The site was inspected on 27/2/2017 and since the area satisfies the distance clearance as per the Kerala Minor Mineral Concession Rules 2015 the letter of intent was granted vide letter No. 29/03/2017 dated DOE/434/E2/17. It is submitted that the land in which the 14th respondent has submitted an application for quarrying permit is owned by the 13th respondent. Sri Saju K.V. Kandanadan House, North Mazhuvanoor. Ernakulam (R13). Smt.Soosy George, Kandanadan
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House, North Mazhuvanoor. and Sri. K.V. George, Kandanadan House, North Mazhuvanoor. The quarrying permit No.5/19-20/MM/GS/QP/DOE/434/E2/17 dtd 14/05/2019 was granted to 14 respondent for quarrying of 37370 MT of granite building stone in Re Sy.Nos. 279/2-1. 284/2-2 pt. 279/2-2. 284/2-3, 2-4 of Mazhuvanoor Village, Kunnathunad Taluk with a validity upto 13/05/2020 The permit was granted as per the Kerala Minor Mineral Concession Rules 2015, based on the statutory licenses such as Consent from Kerala State Pollution Control Board, Explosive license. Panchayath license, approved Mining plan and Environmental Clearance from the authorities concerned. On expiry of the quarrying permit as per the application submitted by the 14th respondent, the quarrying permit was renewed vide permit No. 2/2020-21/MM/GS/QP/ DOE/831/E2/2020 dated 14/05/2020. The permit was granted as per the Kerala Minor Mineral Concession Rules 2015. for quarrying of 34300 MT of granite building stone for a validity upto 6/2/2021 The 14th respondent has submitted all the necessary statutory licenses as per the Rule for the grant of quarrying permit.
5. Meanwhile, the 14th respondent on 29/01/2021 has submitted an application for the extension of permission for permit No.2/2020-21/MM/GS/QP/DOE/831/ E2/2020 dtd 14/5/2020 based on G.O(Rt) No. 203/2021/ID dated 12/2/21 and letter no.
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10972/M3/2020 dated 22/2/21 and 9/3/21 of the Director Mining & Geology which was issued in view of the Covid19 pandemic. The true copy of the G.O(Rt) No. 203/2021/ID dated 12/2/21 of the Principal Secretary. Industries (A) Department is produced herewith and marked as Annexure R3(a). The applicant has submitted the necessary statutory licenses for quarrying such as Consent to operat from the Kerala State Pollution Control Board with validity upt 6/02/2022. License from Mazhuvanoor Gramapanchayath with validity upto 21/03/2022. Explosive license with validity upto 31/03/2023. Environmental Clearance from District Environmental authority with validity upto 6/2/2021, which was extended upto 31.3.22 as per the MOEF Notification No. S.O. 221 (E) dtd 18/1/2020. It is submitted that, on verifying the KOMPAS online statement it was found that about 27500 MT has yet to be quarried based on the permit 2/2020-21/MM/GS/QP/ DOE/831/E2/2020 dated 14/5/2020. Hence permission was granted vide order no. 164/12- 22/DOE/831/ E2/20 dated 5/10/2021 for quarrying of 27500 MT upto 11/02/2022. It is submitted that the quarrying permits are granted by this respondent as per Rule and based on the Government orders.”
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No.203/2021/ID dated 12.02.2021, which is extracted as under:
“GOVERNMENT OF KERALA
A bstract
Industries Department-Extension of duration of quarrying permit and quarrying lease for a period of one year, in view of outbreak of COVID-19 and subsequent lockdowns declared for its controlSanction accorded-Orders issued-Reg
INDUSTRIES(A)DEPARTMENT
G.O.(RU)No.203/2021/ID Dated, Thiruvananthapuram.12/02/2021
2. Notification S.O No. 221(E) dated 18.01 2021 from the Ministry of Environment, Forest and Climate Change, Government of India.
3. Letter No. 10972/M3/2020 dated 29.01.2021 from the Director, Mining and Geology.
ORDER
As per the notification read as 2nd paper above, Government of India has nullified the period from 01.04.2020 to 31.03.2021 for the purpose of calculation of the period of validity of prior Environmental clearances granted under the provisions of notification read as paper 1st paper above.
2) The Director Mining and Geology in his letter read as 3rd paper above has forwarded the proposal submitted by Crusher & Quarry Association, Pathanamthitta for favourable consideration.
3) Government have examined the matter in detail and are pleased to accord sanction for the extension of the validity period of quarrying permit and quarrying lease for a period of one year in view of the notification read as 2nd paper above.
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(By order of the Governor) A P M MOHAMMED HANISH PRINCIPAL SECRETARY”
Inasmuch as the reliefs sought for by the petitioners, are before the granting of quarrying permit and other documents, the reliefs do not survive, and hence, recording the above, this writ petition is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
uu
08.10.2021
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APPENDIX OF WP(C) 10442/2018
PETITIONER EXHIBITS
| EXT. P1 PHOT RESP |
OCOPY OF THE MASS PETITION BEFORE THE 3RD ONDENT WITH ENGLISH TRANSLATION |
|---|---|
| EXT.P2 THE WP(C |
TRUE PHOTOCOPY OF THE JUDGMENT IN )14261/2016 |
| EXT.P3 THE 1ST |
TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE RESPONDENT |
| EXT.P4 THE 2ND |
TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE RESPONDENT |
| EXT.P5 THE 4TH |
TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE RESPONDENT |
| EXT.P6 THE 5TH |
TRUE PHOTOC0PY OF THE COMPLAINT BEFORE THE RESPONDENT |
| EXT.P7 THE 8TH |
TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE RESPONDENT WITH ENGLISH TRANSLATION. |
3 issues framed by the court
Whether to grant reliefs directing authorities to withhold permission for quarrying operations due to pollution and proximity to water bodies.
Whether the respondent authorities acted illegally in granting quarrying permits without considering the grievance of petitioners.
Whether the petitioner's right to peaceful and health life under Article 21 is violated by proposed quarrying operations.
4 provisions across 3 enactments
MANOJ M.N
P.K.JOY
CHANDRAN.K.K
P.K.JOSEPH
UNION OF INDIA
DISTRICT COLLECTOR, ERNAKULAM
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
