This court dismissed the writ petition filed to restrain quarrying activities, holding it premature as the 10th respondent had not applied for the necessary license before the petitioner, rendering the case a test case without merit.
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
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
WP(C) NO. 28935 OF 2012
PETITIONER/S:
1 M.T.THOMASS/O.ANTONY, ARAKONNIL HOUSE, VETTILAPPARA P.O., ARECODE VIA, MALAPPURAM DISTRICT.2 JOYS S/O.JOSEPH, EDAYODIPARAMBIL HOUSE, VETTILAPPARA P.O., ARECODE VIA, MALAPPURAM DISTRICT.3 P.V.BIJU S/O.VARKEY, PUTHANPURAKKAL HOUSE, VETTILAPPARA P.O., ARECODE VIA, MALAPPURAM DISTRICT.BY ADVS.SRI.V.BINOY RAMSMT.SAJITHA P.SOMAN
RESPONDENT/S:
1 THE STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN 695001.2 THE DISTRICT COLLECTORCOLLECTORATE, MALAPPURAM, PIN 676505.3 THE ADDITIONAL DISTRICT MAGISTRATE MALAPPURAM, PIN 676505.4 THE FOREST CONSERVATOR NILAMBUR NORTH, PIN 679329.5 VILLAGE OFFICER VETTILAPPARA, MALAPPURAM, PIN 673639.6 THE TAHSILDAR ERANAD, MANJERI, PIN 676121.7 MINING AND GEOLOGY DEPARTMENT DISTRICT OFFICE, MALAPPURAM, PIN 676505.8 ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MALAPPURAM, PIN 676505.-2-
W.P.(C). No. 28935 of 2012
9URUNGATTIRI PANCHAYATH
REP.BY ITS SECRETAY, MALAPPURAM, PIN 673639.
10P.P.BEERAN
S/O.PALLIPARAMBAN MOHAMMED HAJI, KUNIYIL DESOM,
KEEZHUPARAMBU VILLAGE, ERANADU TALUK, MANAGING
PARTNER, CHERUPARA GRANITES, KUNIYIL,
KEEZHUPARAMBU P.O.
BY ADVS.
SRI.K.M.FIROZ
SRI. T.NAVEEN SC, KERALA STATE POLLUTION
CONTROL BOARD,
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
SMT.M.SHAJNA
OTHER PRESENT:
SRI.ASHWIN SETHUMADHAVAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 28935 of 2012
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 28935 of 2012
Dated this the 14th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
“I) issue an order of direction restraining the 10th respondent from carrying on any quarrying activity in Sy. No. 8/2 of Vettilappara Village and adjoining areas;
ii) call for records leading to the illegal quarry and declare that the blasting and quarrying operations conducted by the 10th respondent using heavy earth moving equipments and explosives is without any valid permit and license;
iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 9 to cancel the license and permit given by them to the 10th respondent for operating the said illegal quarry and for running the metal crusher therein;
iv) to declare Koorankallu in Cherukkunnu Mountain in Urngattiri Malavaram -I is ecological volatile area and hence quarrying operation should not be conducted in future:
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W.P.(C). No. 28935 of 2012
v) issue appropriate writ, order or direction to the 2nd , 4th and 6th respondents to demarcate and fence the forest area in Cherukkunnu Mountain in Urngattiri;
vi) issue such other writ, order or direction as this Hon'ble Court deems fit and
vii) award the costs of these proceedings.” (sic)
10th respondent from carrying on any quarrying activity in Sy.No.8/2 of Vettilappara Village and adjoining areas. There are other connected reliefs also. The learned Government Pleader takes me through the counter affidavit filed by the 7th respondent. The relevant portion of the same is extracted here:
“3.The 10th respondent have the explosive license vide no. E/SC/KL/22/1A72 (E6 2852) issued by the Controller of explosives, Chennai for stock and using of explosives and can keep in the premises comprised in the Survey No. 8/2 of Vettilappara Village in Ernad Taluk of Malappuram. It is stated that the 10th respondent has obtained license as per the provisions contained in the Kerala Minor Mineral Concession Rules 1967 and other relevant statutory provisions. It is respectfully stated that the property wherein quarrying operation has been conducted in the
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W.P.(C). No. 28935 of 2012
property in Survey No.8/2 of Vettilappara Village is not a part of the forest land.”
affidavit. The relevant paragraphs in the counter affidavit also
extracted here:
“4. It is submitted that the 10th respondent, 22-2-2013 had not made any application for license for quarrying before this respondent. As the 10th respondent has not submitted any application for quarrying as on the date of filing the Writ Petition the above Writ Petition is premature and was filed as a test case hence liable to be dismissed.
5. Further the no license is issued to the 10th respondent from this respondent's office as no decision had been taken by the Panchayath with regard to the same.”
In the light of the same, nothing survives in this writ
petition. Therefore, this writ petition is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 28935 of 2012
APPENDIX OF WP(C) 28935/2012
PETITIOEXHIBIT |
NER EXHIP1 |
BITSTRUE COPY OF THE DEED NO. 1104/1975 OFS.R.O. AREKKODE IN THE NAME OF THE 1STPETITIONER |
|---|---|---|
EXHIBIT |
P2 |
TRUE COPY OF THE TAX RECEIPT DATED 10-04-2012 IN THE NAME OF THE 1STPETITION |
EXHIBIT |
P3 |
TRUE COPY OF THE DEED NO. 806/1983 OFARIKKODE S.R.O. IN THE NAME OF THE 2NDPETITIONER |
EXHIBIT |
P4 |
TRUE COPY OF THE TAX RECEIPT DATED 20-09-2002 IN THE NAME OF THE 2NDPETITIONER |
EXHIBIT |
P5 |
TRUE COPY OF THE DEED NO. 56/2010 OFARIKKODE S.R.O IN THE NAME OF THE 3RDPETITIONER |
EXHIBIT |
P6 |
TRUE COPY OF THE TAX RECEIPT DATED 12-03-2012 IN THE NAME OF THE 3RDPETITIONER |
EXHIBIT |
P7 |
TRUE COPY OF THE REPLY DATED 09-07-2012 ISSUED BY THE 5TH RESPONDENT. |
EXHIBIT |
P8 |
TRUE COPY OF THE FILED SKETCH OF SY.NO. 8 OF VETTILAPPARA VILLAGE |
EXHIBIT |
P9 |
TRUE COPY OF THE LETTER ISSUED BY THE6TH RESPONDENT TO THE 2ND RESPONDENTDATED 17-01-2012 |
EXHIBIT |
P10 |
TRUE COPY OF THE FIELD SKETCH OFSY.NO.8/2 OF VETTIALPPARA VILLAGE |
EXHIBIT |
P11 |
TRUE COPY OF THE RELEVANT PAGE OF THERATION CARD OF THE 1ST PETITIONER |
EXHIBIT |
P12 |
TRUE COPY OF THE REPLY DATED28.08.2010 ISSUED BY THE 6THRESPONDENT |
EXHIBIT |
P13 |
TRUE COPY OF THE PETITION DATED10.01.2012 FILED BY THE PETITIONERSBEFORE R2. |
1 issue framed by the court
Whether the writ petition is premature and liable to be dismissed as no application for quarrying license had been submitted by the 10th respondent as on the date of filing.
M.T.THOMAS
JOYS
P.V.BIJU
THE STATE OF KERALA
THE DISTRICT COLLECTOR
P.P.BEERAN
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court