The Court granted temporary relief by closing the writ petition pending examination of the petitioner's individual case by the District Collector, referencing interim orders issued earlier.
Writ petition is closed in the light of interim orders dated 01.04.2011 and 24.05.2011; if fresh cause of action, petitioner can approach Court or authorities.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 22ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA, 1943
WP(C) NO. 614 OF 2011
PETITIONER:
SAJEEV K.GEORGE
AGED 40 YEARS, S/O.K.K.GEORGE,, KALLARAKKAL HOUSE,
CHUNDAKKUZHY P.O., PERUMBAVOOR, ERNAKULAM.
BY ADVS.
SRI.V.JAYAPRADEEP
SRI.SANEESH KUNJUKUNJU
SRI.G.RAJAPPAN PILLAI
SMT.SADHANA KUMARI ESWARI
RESPONDENTS:
1 STATE OF KERALA REP. BY THE CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT,, THIRUVANANTHAPURAM-695001.2 THE DISTRICT COLLECTOR ERNAKULAM-682030. BY ADV.DEEPA NARAYANAN, SR. GOVERNMENT PLEADERTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.614/2011
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.614 of 2011
Dated this the 22nd day of November, 2021
JUDGMENT
This writ petition is filed with following prayers:
on 01.04.2011, a Division Bench of this Court passed a
detailed order, which is extracted hereunder:
W.P.(C).No.614/2011
3
the quarrying activities in Pattamala area of Kunnathunad Taluk, Ernakulam district be stopped-
"In the light of these observations and facts, it has been decided to stop all quarrying operations in Pattamala quarry including the below mentioned quarries, until further orders"
and certain further directions to various officers of the State.
At the time of site inspection, the excavation of rock have been found to have done without any
W.P.(C).No.614/2011
4
regard to the safety parameters. No benching have been found to have been given while quarrying. Even the minimum required slop was not given while excavating rocks. It was noticed during the inspection that a road is passing on the top of the rocky hill. The passage through which has become very dangerous as steep ravens have been created on both sides due to reckless excavation of rock. Even a big hole with the diameter of about 20 meters have been formed within the rocky structure which support this rock.
The Senior Geologist opined that the quarrying operations have been conducted in the most unscientific way which has adversely affected the topography of the area and the existence of other rocky structures also.
The Superintendent of Police, Ernakulam (Rural) pointed out various safety issues. He opined that steep ravens and hill rocks poses a great danger not only to the quarry workers, but also to the lorry drivers operating in the quarry and to the people living in the vicinity of the area.
The Taluk Surveyor pointed out that all survey demarcations have been lost due to extensive quarrying and at present there is no way to identify the boundaries of Government puramboke land and to distinguish puramboke and private land. He is of the opinion that the entire area needs to be surveyed and rock marks created to distinguish puramboke and private land".
W.P.(C).No.614/2011
5
the impugned order came to be issued as an interim measure, it is specifically stated in the impugned order as follows:
"1. The Taluk Surveryor will conduct a survey of the properties, identify and demarcate Government land and private land in the Pattamala quarry area. After demarcating the Government land, necessary survey/rock mark will be provided separating Government land and private land.
4 The Secretary, Mudakkuzha Grama Panchayath shall conduct frequent inspection to ensure that no illegal quarry is functioning. The Secretary shall file a report every month to the District Collector regarding these aspects. After proper survey of land and after ensuring safe and scientific quarrying is possible, a report shall be filed by the Taluk Surveyor and District Geologist to the District Collector. Thereafter, functioning of quarries can be permitted after obtaining all the necessary licences by the Quarry Owners".
W.P.(C).No.614/2011
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Sri.K.Ramakumar and Sri Jayapradeep.V. agrued that no individual notices have been issued before the impugned order is passed, thereby violating the principles of natural justice and therefore the impugned order is required to be kept in abeyance.
W.P.(C).No.614/2011
7
24.05.2011. On that day, this Court passed the following order:
“When the matter is taken up today, the learned Government Pleader submitted that pursuant to the earlier order dated 01.04.2011, the individual cases of these petitioners are being examined, the parties are already heard and a final decision is likely to be taken in the near future. The learned Government Pleader therefore prays that the matter be adjourned by 10 days. Post the matters after 10 days.”
W.P.(C).No.614/2011
8
directed by this Court is not available now. I am of the view that this writ petition can be closed in the light of those interim orders.
Therefore, this writ petition is closed recording the interim orders dated 01.04.2011 and 24.05.2011. It is made clear that if there is any fresh cause of action to the petitioner, the petitioner is free to approach this Court or any other authorities, in accordance to aw.
sd/- P.V.KUNHIKRISHNAN JUDGE
JV
W.P.(C).No.614/2011
9
APPENDIX OF WP(C) 614/2011
PETITIONER EXHIBITS
EXHIBIT P1COPY OF THE ORDER DATED 18.11.10 OF R2
EXHIBIT P2COPY OF THEREPORT DATED 31.8.10 OF R2
EXHIBIT P3COPY OF THE RELEVANT PAGES OF LICENCE
& LOCATION MAP
EXHIBIT P4COPY OF GO(MS) 239/10 DATED 1.12.10
EXHIBIT P5COPY OF THE CIRCULAR DATED 1.12.10
EXHIBIT P6COPY OF THE CERTIFICATE DATED 18.11.93
EXHIBIT P7COPY OF THE PAPER REPORT DATED
14.12.2010
EXHIBIT P8COPY OF HTE ORDER OF HTE DB OF THIS
HON'BLE COURT DATED 18.11.2010
EXHIBIT P10PHOTOGRAPH OF THE QUARRY OF THE
PETITIONER
EXHIBIT P11DIAGRAM SHOWING HTE ELEVATION OF THE
QUARRY DRAWN BY QUALIFIED ENGINEER,
SRI. SUBASH PK
RESPONDENTS' EXHIBITS
ANNEXURE A1COPY OF HTE JOINT INSPECTION REPORT
SUBMITTED BY THE DEPUTY DIRECTOR OF
PANCHAYAT
3 issues framed by the court
Whether the writ petition can be closed recording the interim orders passed by the court directing the District Collector to examine individual cases.
Whether the requirement of prior notice before passing an interim order stopping quarrying activities is absolute.
Whether consequential orders passed by the District Collector as directed by the Court are available.
Colour shows how this judgement treated each authority
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W.P. (C).No.26906 of 2008Referred¶31
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W.P.(C). Nos.37964/2010Referred¶62
W.P.(C). Nos.37964/2010
Sajeev K.George
State of Kerala Rep. By The Chief Secretary, Govt. Of Kerala
District Collector Ernakulam
P.V.Kunhikrishnan
As recorded by the court registry
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