Disposed

Koshy Samuel [Corrected] v. the Secretary

Kerala HC4 Oct 2023WP(C)/25990/2023

Case brief

AI extract

What is this about?

The Court addressed a writ petition challenging a stop memo issued by the Venmony Grama Panchayat against quarrying operations. The Court treated the memo as notice, directed the Panchayat to take a decision within a month after hearing all parties, and permitted quarrying to continue based on permit conditions until then.

What did the court decide?

Permitted quarrying based on permit conditions until the respondent Panchayat decides after hearing all parties.

Koshy Samuel [Corrected] Vs the Secretary — Environment and Pollution | Kerala HC (2023)

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WP(C) NO. 25990 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945

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WP(C) NO. 25990 OF 2023

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PETITIONER:

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KOSHY SAMUEL [CORRECTED] AGED 68 YEARS

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S/O. SAMUEL, THARAYILETH HOUSE, VENMANI VILLAGE,
CHENGANNUR TALUK, ALAPPUZHA [ADDRESS OF P1 IS CORRECTED
AS "KOSHY SAMUEL, AGED 68 YEARS, S/O.SAMUEL, THARAYILETH
PUTHEN BUNGLOW, VENMANI P.O., CHENGANNUR TALUK, ALAPPUZHA
- 689 509" AS PER ORDER DATED 12.09.2023 IN I.A.03/2023
IN WP(C)25990/2023.], PIN - 689509

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BY ADV JOBI JOSE KONDODY

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RESPONDENTS:

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1 THE SECRETARY VENMONY GRAMAPANCHAYATH, VENMONY P.O., ALAPPUZHA, PIN - 689509

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2 THE GEOLOGIST ALAPPUZHA DISTRICT, MINI CIVIL STATION, CHERTHALA, ALAPPUZHA, PIN - 688524

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3 THE STATION HOUSE OFFICER VENMANI POLICE STATION, VENMANI P.O., ALAPPUZHA, PIN - 689509

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4 ADDL.R4. SHIJU K.S, S/O KUNJUPANICKAN, SREERANGAM, VENMONY PADINJATTUM MURI, VENMONY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN 689 509.

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5 ADDL.R5. P.R. RAMESH KUMAR AGED 56 YEARS, S/O. RAGHAVAN, PUTHUSHERI MURIYIL, VENMONEY P.O, ALAPPUZHA, PIN - 689509

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6 ADDL.R6. NELSON JOY AGED 52 YEARS, S/O. JOY, THENGIZETH, VENMONEY P.O, ALAPPUZHA PIN- 689509

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7 ADDL.R7. SREENIVASAN

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WP(C) NO. 25990 OF 2023

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AGED 60 YEARS, S/O. KOCHU KRISHNAN, MULLA,,
PUNTHALA P.O, ALAPPUZHA, PIN- 689509. [ADDITIONAL
R4 TO R7 ARE IMPLEADED AS PER ORDER DATED
21.08.2023 IN I.A.1/2023 IN WP(C)25990/2023.]

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8 ADDL.R8. VENMONY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VENMONY GRAMA PANCHAYAT OFFICE, VENMONY P.O, ALAPPUZHA-689 509.

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9 ADDL.R9. THE NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS PROJECT DIRECTOR, NO. 36/414(3), NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM-695 204 [ADDITIONAL R8 AND R9 ARE IMPLEADED AS PER ORDER DATED 12.09.2023 IN I.A.02/2023 IN WP(C)25990/2023.]

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*10THE SENIOR ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD
ALAPPUZHA
(*ADDL.R10 IS SUO MOTU IMPLEADED AS PER ORDER DATED
04.10.2023)
BY ADVS.
MANOJ RAMASWAMY Ramaswamy
S.K.SAJI
No Advocate
MAYAMOL T.S.
G.R.MANJU
S.SREEKUMAR (SR.)-SC ADDL.R4
SRI. BIMAL K NATH – GP
SRI. MANOJ RAMASWAMY – SC
SRI. NAVEEN T. - SC - ADDL.R10
SRI.B.G.BIDAN CHANDRAN -SC – ADDL.R9

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 25990 OF 2023

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JUDGMENT

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The petitioner has been granted Ext. P1 permit for quarrying ordinary earth from the property belonging to him comprised in Block No. 15, Re. Sy Nos. 222/7, 222/8, 222/12, 222/13 and 222/14 of Venmani Village.

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Condition No. 17 in Ext. P1 reads as follows:-

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“This permit is issued to the construction purpose of National Highway. Hence it may be exempt from obtaining Environmental Clearance Certificate from the authorities concerned.”

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According to the petitioner, when he started quarrying operations on the strength of Ext. P1, certain persons in the locality created obstruction and he approached this Court in W.P.(c) No. 18877/2023 for police protection which was granted as an interim

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WP(C) NO. 25990 OF 2023

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measure as per Ext. P2 and the same was

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subsequently extended as per Ext. P3. While so, the Secretary of the 8^th respondent Panchayat issued Ext. P4 stop memo dated 04.08.2023 stating that the quarrying activities done by the petitioner will create environmental problems like scarcity of drinking water and the transporting of the excavated earth in tipper lorries having capacity of more than 10 tones through the Panchayat roads having only width less than 6 meters will cause inconvenience to the public. Pursuant to Ext. P4, this Court did not extend the interim order for police protection in W.P (c) No. 18877 of 2023. The petitioner has filed this writ petition challenging Ext. P4 order.

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WP(C) NO. 25990 OF 2023

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A statement has been filed on behalf of the

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Panchayat and paragraphs 4 to 6 of the statement are

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extracted hereunder:-

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“4. It is respectfully submitted that, as per GO (P) No. 59/2015/TRAN dated 29.09.2015 the Government of Kerala has prohibited operation of goods vehicles having loading capacity of more than 10 tons from road having width less than 6 meters. The petitioner using Thirumala – Smasanam road which have only 4 meters width to transport heavy load more than 10 tons. True copy of the order vide No. GO (P) No. 59/2015/TRAN dated 29.09.2015 is produced herewith and marked as Annexure R1 (a) .

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5. It is submitted that, considering the environment problems by the quarrying of huge volume of ordinary earth and scarcity of drinking water in the area. On 30.06.2023 the Panchayath committee of venmony Grama Panchayath had taken a decision in this regard. True copy of the decision vide No. 2/1 dated 30.06.2023 along with the resolution is produced herewith and marked as Annexure R1 (b) . In that resolution it is clearly stated that the 1^st respondent appalled the government and other competent authorities, to cancel the quarrying permit and thus stop the quarrying.

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6. After considering all the facts and circumstances and in pursuance of Annexure R1(b) resolution, the 1^st respondent has issued Exhibit P4 notice to the petitioner to stop quarrying operations and to stop the transportation of materials in the goods vehicle having capacity of more than 10 tons.”

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WP(C) NO. 25990 OF 2023

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It is further stated that the Government of Kerala have prohibited operation of goods vehicles having loading capacity of more than 10 tones through the roads having width less than 6 meters as per Annexure R1(a) G.O. It is stated that the road Tirumala - Smasanam through which the petitioner is transporting earth is having only 4 meters width.

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The petitioner has filed I.A No. 4/2023 producing Ext. P7 order of this Court whereby the operation of Annexure R1(a) Government Order (Ext. P6) has been stayed.

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Ext. P4 stop memo has been issued without notice to the petitioner. This Court therefore finds it appropriate to direct the parties to treat Ext. P4 as a notice.

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WP(C) NO. 25990 OF 2023

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Accordingly, there will be a direction to the

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petitioner to submit his explanation to Ext. P4 within a period of 10 days from today and the 8^th respondent shall take a decision on Ext. P4, within a period of one month thereafter, affording an opportunity of hearing to the petitioner, respondents 4 to 7, officials of the Pollution Control Board and the National Highway Authority of India. Till a decision is taken thereon, the petitioner is permitted to carry out quarrying for the construction purpose of National Highway Authority of India, strictly in accordance with the conditions provided in Ext. P1. The same shall be monitored by the additional 10^th respondent as per the relevant SOP issued by the Ministry of Environment, Forest and Climate Changes. It is submitted by the learned senior counsel for respondents 4 to 7 that they have preferred an appeal against Ext. P1 quarrying permit.

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WP(C) NO. 25990 OF 2023

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It is made clear that this Court has not considered the legality of Ext. P1 permit in this writ petition. The petitioner shall produce a copy of this writ petition as well as a certified copy of this judgment before the additional 10^th respondent along with a copy of the SOP.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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bnu

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WP(C) NO. 25990 OF 2023

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit-P1THE TRUE COPY OF THE PERMIT DATED 22.5.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit-P2THE TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN WP(C) NO. 18877/2023 DATED 9.6.2023
Exhibit-P3THE TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN WP(C) NO. 18877/2023 DATED 27.7.2023
Exhibit-P4THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST
RESPONDENT DATED 4.8.2023

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Exhibit P5A TRUE COPY OF THE MINUTES OF THE VENMANI
GRAMA PANCHAYAT OF ITS MEETING HELD ON
11.08.2023
Exhibit P6A TRUE COPY OF THE G.O.(P) NO 59/2015/TRAN,
DATED 29.09.2015 ISSUED BY GOVERNMENT OF
KERALA TRANSPORT (B) DEPARTMENT.
Exhibit P7A TRUE COPY OF THE INTERIM ORDER DATED
25.10.2016 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.(C) NO.
10034/2016

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RESPONDENT ANNEXURES

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Annexure R1 (a)True copy of the order vide no. GO (P)
no.59/2015/TRAN dated 29.09.2015

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Annexure R1 (b)True copy of the decision vide No.2/1 dated
30.06.2023 along with the resolution

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RESPONDENT EXHIBITS

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Exhibit R4(a)True copy of the application filed by the
petitioner before the 1st respondent dated
nil produced

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Exhibit R4 (b)True copy of the order of the 1st respondent
rejecting R4(a) dated 27.10.2022
Exhibit R4 (c)True copy of the appeal memorandum dated
18.08.2023 before the Joint Secretary,
Industries Department i
Exhibit R4 (d)True copy of the judgment dated 23.08.2023 in
W.P (C) no. 19624/2023

Koshy Samuel [Corrected] v. the Secretary

Case brief

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Koshy Samuel [Corrected] v. the Secretary

Case brief

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