Dismissed

Noushad v. State of Kerala

Kerala HC10 Mar 2022WP(C)/25567/2019

Case brief

AI extract

What is this about?

In a public interest writ petition, the petitioner sought directions to stop quarrying operations and expedite action on a representation. The High Court held that since the relevant leases and licenses issued to the quarry operators had expired as of the date of the order, there was no need to examine the merits or issue mandamus to stop the operations.

What did the court decide?

Writ petition dismissed; mandamus not to be issued as the lease/licence has expired.

Noushad Vs State of Kerala — Environment and Pollution | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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WP(C) NO. 25567 OF 2019

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PETITIONER:

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NOUSHAD

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S/O. VEERA MUHAMMED, N.N. HOUSE,
OPP.SUPER MARKET, SREEKARIYAM P O,
THIRUVANANTHAPURAM-695 017.

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BY ADV PIRAPPANCODE V.S.SUDHIR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, CIVIL STATION ROAD, THIRUVANANTHAPURAM-695 035.

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 035.

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4 THE TAHSILDAR, NEDUMANGAD, NEDUMANGAD TOWN ROAD, NEDUMANGAD, THIRUBVANANTHAPURAM-695 541.

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5 THE REGIONAL FIRE OFFICER, REGIONAL FIRE OFFICE, FIRE AND RESCUE SERVICE, PULIMOODU P O, THIRUVANANTHAPURAM-695 001.

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6 ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PLAMOODU JUNCTION, PATTOM P O, THIRUVANANTHAPURAM-695 004.

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W.P.(C)No.25567 of 2019

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7THE SECRETARY,
UZHAMALAKKAL GRAMA PANCHAYATH,
AYYAPPANKUZHI P O, PARUTHIKUZHY,
UZHAMALAKKAL, THIRUVANANTHAPURAM-695 541.

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8 THE SECRETARY, ANAD GRAMA PANCHAYATH, ANAD, THIRUVANANTHAPURAM-695 541.

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9 THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.

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10SHYLA NAZAR,
AL NAZAR GRANITES PVT.LTD,
VALIKKONAM, IRAVOOR, ARYANAD,
THIRUVANANTHAPURAM-695 542.

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11NAZAR,
PROPRIETOR,
M.K.N. CRUSHER UNIT, IRINCHEITH,
NEDUMANGAD, THIRUVANANTHAPURAM-695 541.

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BY ADVS.
SRI. V.TEK CHAND, SR GP
SRI.M.R.ANANDAKUTTAN
SRI.ENOCH DAVID SIMON JOEL
SMT.M.A.ZOHRA
SMT.SUZANNE KURIAN
SRI.MAHESH ANANDAKUTTAN
SMT.ASHLY JAMES

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.25567 of 2019

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JUDGMENT

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Dated this the 10^th day of March, 2022

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S.Manikumar, C.J.

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Instant public interest writ petition is filed seeking for the following reliefs:

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“i. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 9, to restrain the respondents 10 and 11 from further carrying out the quarrying operations in Sy.No.195/18, 195/19, 196/3-1-1, 196/3-2, 196/6-1-1, 196/6, 197/2, 197/3-1, 197/3-2, 197/3-2-1 and in Sy.No.84/6, 84/1, 85/7-1, 86/7 of Anad Village in Nedumangad Taluk.

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ii. issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd respondent to consider and further take action on Ext.P1 representation, as expeditiously as possible and at any rate within a time limit to be fixed by this Hon'ble Court.”

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Short facts leading to the filing of the writ petition

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are as under:

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The petitioner has filed several complaints against the illegal quarrying of granite from more than 4 hectares of the properties comprised in Sy.Nos.195/18, 195/19, 196/31-1, 196/3-2, 196/6-1-1, 196/6, 197/2, 197/3-1, 197/3-2, 197/3-2-1 and in Sy.Nos.84/6, 84/1, 85/7-1 and 86/7 of

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W.P.(C)No.25567 of 2019

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Anad Village in Nedumangad Taluk. However, there was no response. On the other hand, the 9^th respondent, Director of Mining and Geology had informed the petitioner that in 2011, the 10^th respondent, Smt.Shyla Nazar was granted a lease for quarrying and that on the strength of the said lease, the environmental clearance from the District Environment Impact Assessment Authority, Explosives Licence from the Petroleum and Explosive Safety Organisation and the Integrated Consent issued by the Kerala State Pollution Control Board, the 10^th respondent is carrying out the quarrying operations. It is further contended that in short, the quarrying operations carrying on unhindered for the last more than 8 years, has virtually reduced the area, a mountainous one, to huge pits. In the event, if the 10^th respondent is permitted to continue for the remaining 4 years, out of the 12 year lease period, there will not be anything left, whereby, exposing the people residing nearby to landslides and other serious environmental and ecological problems. The 10^th respondent is also trespassing into other areas where no

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W.P.(C)No.25567 of 2019

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lease has been granted and indulging in quarrying which

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fact the 9^th respondent had acknowledged in Ext.P3 letter.

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Any further continuance of the quarrying operations will

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be both disastrous and detrimental from any point of view.

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Translated version of Exhibit P2 order dated

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09.05.2019 issued by the 9^th respondent reads thus:

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“Right to Information Act 2005

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Directorate of Mining & Geology, Kesavadasapuram, Pattom Palace PO Thiruvananthapuram-4 Te/Fax 0471-2447429 email: [email protected] www.dmg.kerala.gov.in Date 08-05-2019

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No.4067/M3/2019 V. Binulal, State Public Information Officer/ Senior Superintendent

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Sri. Noushad S/o Veerumuhammed, NN House. Opposite to Super Market Sreekaryam PO, Thiruvananthapuram.

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Sir,

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Sub:- Mine and Minerals- Application submitted as per Right to Information Act, 2005- furnishing of reply- Reg.

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RefApplication received in this office, dated 29-042019.

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W.P.(C)No.25567 of 2019

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Attention is invited to the above reference. The answers to the queries requested in the application received as per the above reference are given below.

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The firm named M/s M.K.N, Bricks & Blue Metals (Pvt.) Limited has been given permission to operate Quarry/Crusher on Registered Metal Crusher Unit basis at Anaad Village.

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(2) Crusher unit has been registered by including in Registered Metal Crusher Unit basis (RCMU) in the financial year 2019-2020.

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License No: 98/2019-20/RMCU/TVM/2993/M3/2019 dated 26-03-2019. 3) Quarry Details

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(1) Survey Nos 195/18, 195/19, 196/3-1, 196/3-2, 196/6-1-1, 196/6, 197/2, 197/3-1 197/3-2, 197/3-2-1 at Annad Village, Nedumangaad Taluk Lease area : 1.6703 Hectare.

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(2) Survey No: 84/6, 84/1, 85/7-1/86/7 Anaad (V), Lease area : 1.2412 Hectare.

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Details of the properties wherein Crusher Unit is situated: Anaad (V)

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Survey No: 51/8, 50/11, 51/3-4, 51/3-5, 3-4-1, 13/1

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Quarrying leases have been granted to operate quarry at places mentioned in 3^rd answer. The said leases have been registered by including in Registered Metal Crusher Unit basis (RMCU). The validity of RMCU license is up to 31.03.2020. Conditions of lease are recorded in the lease order.

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The original receipt has to be produced after remitting Rs. 62/- in the head of A/c 0070-60-118-99 for getting the copy of the lease order and RMCU order.

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If the above said reply is not satisfactory, appeal has to be filed within 30 days in the address mentioned below. Dr. C.K. Baiju,

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Appellate Authority/ Deputy Director Directorate of Mining & Geology, Kesavadasapuram, Pattom Palace P.O. Thiruvananthapuram-4

Your's faithfully

Sd/-

K S/9.5

V. Binulaal, State Public Information Officer/ Senior Superintendent”

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W.P.(C)No.25567 of 2019

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Translated version of Exhibit P3 order dated

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07.06.2019 issued by the 9^th respondent reads thus:

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“Directorate of Mining and Geology Kesavadasapuram, Pattom Palace PO Thiruvananthapuram-4 Tel Fax 0471 2447429 e-mail: [email protected] Web: www.dmg kerala.gov.in Date: 31/05/2019

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No. 2257/M4/2019

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From,

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The Director, Mining and Geology.

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To,

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Mr. Naushad S/o Veerumuhammed, N.N House, Opposite Super Market, Sreekaryam, Thiruvananthapuram.

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Sir,

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Sub: Mining and minerals- complaint that M/s Al Nassar Granite Private Limited is being run unauthorisedlyfurnishing reply- Reg.

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Ref: (1) Your complaint dated 05.03.2019. (2) Report No. 60/KMS (SR)/DMG/2019 of the KMS (SR) Geologist dated 13.05.2019.

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Inviting your attention to the reference above. The report submitted by KMS (SR) Geologist after the site inspection on 17.4.19 in connection with the complaint mentioned in the reference (1) is given below.

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On inspecting the records related to the said quarry, as per order number 846/2010-11/1684/M3/2011 dated 15-03-

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W.P.(C)No.25567 of 2019

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2011 a quarrying license had been issued to Mrs. Shaila Nasar, Director, Al Nassar Granites Private Limited from this department for mining rocks from the 4.1434 hectare comprised under Survey Nos. 230/4-2, 230/5-2, 230/6-2, 230/7-2, 230/2-1-1, 232/11, 230/6, 230/7 230/5, 230/4, 230/21, 233/7, 233/8, 228/4-1, 228/4-2, 230/4-1 230/5-1, 230/6-1, 230/7-1, 230/2, 232-11-1, 232/11-2, 232/1-1, 232/1-2, 232/1-3 of Uzhamalakkal Village, Nedumangadu Taluk.

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M/s Al Nazar Granites Private Limited is carrying out mining activities at the place obtaining the environmental clearance from the District Environmental Impact Assessment Authonty valid till 03.04.2022. Explosives Licence from the Petroleum and Explosives Safety Organisation valid till 31.03.2021. Integrated Consent to Operator from Kerala State Pollution Control Board valid till 30.06.2020 and D&O Licence from Uzhamalaykkal Grama Panchayath valid bill 31.03.2020; in addition to the Quarrying Lease detailed above.

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On examination it was found that there are no houses within 100m around the said quarry. The mining activities conducted at present are in compliance with the approved mining plan. On finding the boundary pillars to be partially erected, strict instruction has been given to the quarry owner to erect all the boundary pillars immediately. At present, Mining activities are being carried out at 37m depth from the surface of the mountain on which the quarry is situated. However no pit has been formed in the said place. On enquiring with the natives, Geologist has reported that earth quake has not occurred in the said place as mentioned in the complaint. On examining the quarry, it was found that unauthorised mining was conducted by entering the eastern part of the buffer zone of the quarry. It is hereby informed that, on the basis of the same, Rs 2,82,200/-(Two Lakh eighty two thousand two hundred) was levied from the Lease owner on 10.05.2019 and remitted in the treasury as Royalty. Value and Lease for the 3225 Metric rock mined in an unauthorised way.

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Yours faithfully,

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Sd/07.06.2019

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For the Director Mining and Geology”

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W.P.(C)No.25567 of 2019

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Insofar as Exhibit P2 is concerned, the lease period

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has expired on 31.03.2020. So also the lease period as per Exhibit P3 document has expired on 30.06.2020. Materials on record do not indicate as to whether the period has been extended further. Even taking for granted that the lease or

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the licence period, as the case may be, is extended, that is a matter for an independent challenge.

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Inasmuch as the lease/licence period under Exhibits P2 and P3 respectively, already expired, there is no need to delve into the merits of the case. As on today, mandamus cannot be issued. Writ petition is, therefore, dismissed.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/-

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S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly

Judge

vpv

W.P.(C)No.25567 of 2019

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APPENDIX OF WP(C) 25567/2019

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PETITIONER EXHIBITS

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`EXHIBIT`	`P1` `TRUE COPY OF THE` `SUBMITTED BY THE` `RESPONDENT.`	`REPRESENTATION DATED NIL` `PETITIONER BEFORE THE 2ND`
`EXHIBIT`	`P2` `TRUE COPY OF THE` `DATED 09.05.2019` `INFORMATION OFFI` `OF THE 9TH RESPO` `INFORMATION SOUG` `UNDER RIGHT TO I`	`LETTER NO.4067/M3/2019` `OF THE STATE PUBLIC` `CER, ATTACHED TO THE OFFICE` `NDENT, IN RESPONSE TO THE` `HT FOR BY THE PETITIONER,` `NFORMATION ACT.`
`EXHIBIT`	`P3` `TRUE COPY OF THE` `DATED 07.06.2019`	`LETTER NO.2257/M4/2019` `OF THE 9TH RESPONDENT.`
`EXHIBIT`	`P4` `TRUE COPY OF THE` `DATED 22.06.2019`	`LETTER NO. B-1193/2019` `OF THE 5TH RESPONDENT.`
`EXHIBIT`	`P5` `TRUE COPY OF THE` `OF THIS HON’BLE`	`JUDGMENT DATED 03.09.2019` `COURT IN WPC.NO.23857/2019.`

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//TRUE COPY//

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P.A. TO JUDGE

Noushad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Noushad v. State of Kerala

Case brief

What is this about?

What did the court decide?

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