The Court dismissed a writ petition challenging quarrying activities and permit violations. It held that an aggrieved party must approach statutory appellate authorities regarding license grants and cannot approach the High Court when alternate remedies exist.
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 N.NAGARESH
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 12735 OF 2021
PETITIONER:
P.L.JACOB
S/O. LONAPPAN, PADINJAKKARA, KUTTIKADU P.O, CHALAKKUDY, THRISSUR 680 724
BY ADV K.K.DHEERENDRAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 0012 THE DISTRICT COLLECTOR, THRISSUR COLLECTORATE, THRISSUR - 680 0033 THE DEPUTY COLLECTOR (DISASTER MANAGEMENT) THRISSUR COLLECTORATE, THRISSUR - 680 0034 THE TAHSILDAR, CHALAKKUDY, THRISSUR5 THE DISTRICT POLICE SUPERINTENDENT THRISSUR, IYANTHOLE, PIN 680 0036 THE DEPUTY PANCHAYAT SECRETARY, THRISSUR, IYANTHOLE, PIN 680 0037 THE REGIONAL TRANSPORT OFFICER THRISSUR, IYANTHOLE, PIN 680 0038 THE GEOLOGIST DISTRICT OFFICE, THRISSUR, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, CHEMPUKAVU, THRISSUR, PIN 680 020WP(C) No.12735 of 2021
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9 THE EXECUTIVE ENGINEER PWD ROADS AND BRIDGES, THRISSUR, CHEMPUKAVU, THRISSUR, PIN 680 02010 KODASSERY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KODAKARA VELLIKULANGARA ROAD, KODASSERY, PIN 680 72111 MATTATHUR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KODAKARA VELLIKULANGARA ROAD, MOONNUMURI, MATTATHUR, PIN 680 68412 VILAMANA INDUSTRIES REPRESENTED BY ITS MANAGING PARTNER, PULINKARA, KUTTICHIRA P.O, THRISSUR, PIN 680 72413 SRI SHIBU P. JOHN, PYNADATH HOUSE, KARUKUTTY P.O, ERNAKULAM DISTRICT, PIN 68357614 BLUE MOUNTAIN GRANITES VELLIKULANGARA P.O, THRISSUR, PIN 680 693BY ADVS.
DAISY A.PHILIPOSE
M.R.VENUGOPAL
KRISHNA PRASAD. S
V.M.KRISHNAKUMAR
PHILIP J.VETTICKATTU
SAJITHA GEORGE
SINDHU S KAMATH
ROHINI NAIR
DHANYA P.ASHOKAN
SMT.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.12735 of 2021
3
JUDGMENT
Dated this the 26th day of July, 2023
The petitioner, who is a resident of Padinjakkara,
Kuttikadu P.O, Chalakudy, Thrissur District, has approached this Court seeking the following reliefs:
(i) Issue a writ in the nature of mandamus commanding the respondent No. 2 and 3 to conduct an inquiry regarding illegal extraction of building stone by respondents No.12 to 14 in violation of condition of permits issued to them for quarrying in Respondents No.10 and 11 Panchayats and take appropriate legal action against Respondents No. 12 to 14.
(ii) Issue a writ in the nature of mandamus commanding the respondent No.2 and 8 not to issue environmental clearance for renewal of/fresh permit to the 12th respondent for running quarries in Respondent No.10 and 11 Panchayats.
(iii) Issue a direction to Respondents No.2 and 5 to conduct inquiry into the illegal mining done by the Respondents No.12 to 14 in Respondents No.10 and 11 Panchayats and register Criminal case against Respondents No.12 to 14 if found that they have committed theft.
(iv) Issue a writ in the nature of mandamus commanding the respondents 5, 7 and 9 to conduct an enquiry into Exhibits P-3 representation regarding transportation of huge vehicles carrying 40 to 50 Tons of load against the rules and take appropriate action on the representation.
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WP(C) No.12735 of 2021
enquiry has also been sought by the petitioner on the transportation of huge vehicles carrying 40 to 50 Tons of loads also.
Taking into consideration the afore facts, I am of the view that if the petitioner is aggrieved by grant of any licence, clearance, permit or consent to respondents 12 to 14, the
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WP(C) No.12735 of 2021
petitioner shall approach the appropriate statutory appellate authorities. The petitioner cannot approach this Court with a writ petition, when alternate statutory remedies are available.
In view of the above, the writ petition is dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.12735 of 2021
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APPENDIX OF WP(C) 12735/2021
PETITIOExhibit |
NER EXHIBP1 |
ITSTRUE COPY OF THE REPRESENTATION |
|---|---|---|
SUBMITTED BY THE PETITIONER TO THECHIEF MINISTER OF KERALA DATED 20-02-2017 |
||
Exhibit |
P2 |
PHOTOS (2 IN NUMBERS) SHOWING HUGEPITS FORMED DUE TO MINING OF STONESAND LOADING OF STONES IN TIPPER TORUSLORRIES. |
Exhibit |
P3 |
TRUE COPY OF THE REPRESENTATIONSUBMITTED TO THE 1ST RESPONDENT DATED4-4-2021 |
Exhibit |
P4 |
TRUE COPY OF THE LETTER NO. A11-507/2021 ISSUED BY THE 2ND RESPONDENTDATED 20-04-2021 |
Exhibit |
P5 |
TRUE COPY OF THE REPRESENTATIONSUBMITTED BY THE PETITIONER TO THE 2NDRESPONDENT DATED 1 1-6-2021 |
Exhibit |
P6 |
TRUE COPY OF THE LETTER NO B74312/2021 DATED 11-06-2021 |
RESPOND |
ENT EXHIB |
ITS |
Exhibit |
R10(A) |
TRUE COPY OF THE ORDER NO. A5-1723/2018 DATED 23/12/2021 ISSUED BY |
THE 10TH RESPONDENT TO THE 12THRESPONDENT |
||
Exhibit |
R10(B) |
A TRUE COPY OF THE ORDER NO.A5-1724/2018 DATED 23.12.2021 ISSUED BY |
THE 10TH RESPONDENT TO THE 12THRESPONDENT |
||
Exhibit |
R12(A) |
A TRUE COPY OF THE ENVIRONMENTCLEARANCE NO.42/2016 DATED 23.04.2016 |
Exhibit |
R12(B) |
A TRUE COPY OF THE NOTIFICATION BY THEMOEF NUMBERED AS CG-DL-E-18012021-224513 DATED 18.01.2021 |
Exhibit |
R12(C) |
A TRUE COPY OF THE QUARRYING LEASEDATED 03.10.2018. |
Exhibit |
R12(D) |
A TRUE COPY OF THE CONSENT GIVEN BYTHE KERALA STATE POLLUTION CONTROLBOARD DATED 15.04.2021 |
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WP(C) No.12735 of 2021
Exhibit R14(A) |
TRUEQUARRUP TO |
COPY OF RELEVANT PAGES OFYING LEASE DATED 28.02.2018 VALID27.02.2028 |
|---|---|---|
Exhibit R14(B) |
TRUEISSUEUNIT |
COPY OF REGISTRATION CERTIFICATED TO REGISTERED METAL CRUSHERDATED 29.03.2021 |
Exhibit R14(C) |
TRUEENVIRSEIAA |
COPY OF RELEVANT PAGES OFONMENTAL CLEARANCE ISSUED BY THEDATED 05.02.2016 |
Exhibit R14(D) |
TRUEVALIDKERAL |
COPY OF CONSENT DATED 12.02.2021UPTO 04.02.2022 ISSUED BY THEA STATE POLLUTION CONTROL BOARD |
Exhibit R14(E) |
TRUE |
COPY OF D AND O LICENCE DATED |
27.04 |
.2020 VALID UPTO 31.03.2025 |
|
ISSUEPANCH |
D BY THE MATTATHUR GRAMAAYAT |
1 issue framed by the court
Whether a citizen aggrieved by the grant of mining permit can approach the High Court in a writ of mandamus when alternate statutory appellate remedies are available.
P.L.Jacob
State of Kerala
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court