Residents challenged storage of explosives and illegal blasting by a quarry. Respondents stated quarry mined on assigned land subject to a batch judgment closing it. Case disposed noting no activity exists.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 4372 OF 2019
PETITIONER:
PULINGARA POURA SAMITHI, REGISTER NO. TSR/TC/480/2015, REP. BY ITS PRESIDENT, DINS JOHN, S/O JOHN, 39 YEARS, DOOR.NO.329/10, RATHAPILLY HOUSE, KUTTICHIRA P.O, PIN - 680 724.
BY ADV.K.NANDINI
ADV.C.J.ANTONY LOYED
RESPONDENTS:
WP(C) NO. 4372 OF 2019
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BY ADVS.K.S.PRENJITH KUMAR SRI.RAMANARAYANA PRABHU SRI.K.P.HARISH, SR. GOVERNMENT PLEADER SRI.V.M.KRISHNAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 24th day of March 2023
S.MANIKUMAR, C.J.
The petitioner in this writ petition is an organization of local residents’ of Pulingara area of Kuttichira Village of Chalakudy Taluk, in Thrissur District. The petitioner represents the people, who are aggrieved by the storage and use of large quantity of explosives without valid consent from District Magistrate.
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activity is carried on by the respondents 13 to 16, as it is contrary to the pattayam conditions. The use of large quantity of explosive can make serious ecological impact in the ecological sensitive area near by the reserved forest land. Hence this writ petition.
“i. issue a writ of mandamus or any other appropriate writ, order or direction commanding 2nd respondent to revoke the explosive license No.E/SC/KL/22/1473 (E64423) issued to the 14th respondent
ii. issue a direction to the 3rd and 12th respondents to verify and find whether any illegal blasting is carried out by the 13th respondent in the public road passing through Sy.No.2056/4, 2067/3, 2066/2, 2065/2 and 2088/1 in Kuttichira Village, Chalakudy Taluk.
iii. Issue a direction to the 8th and 9th respondent to act as per Section 4(b) of the Explosive Act, 1884, for unlawfully using and storing explosives.”
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“7. It is submitted that the extraction of minor minerals using explosives comes under the purview of Mines Act, 1952 and use of explosives in area coming under the Mines Act is governed by Metalliferrous Mines Regulations, 1961. The applicability of Explosives Rules, 2008 is limited to that the explosives used in the blasting operations in areas coming under the Mines Act shall be a class and make authorized by Chief Controller of Explosives, Nagpur and such explosives shall be stored in an explosive magazine duly licensed under Explosives Rules, 2008. The competent authority for the administration of Mines Act 1952 and the regulation framed there under to the State of Kerala is Director General of Mines Safety, South Zone, No.5, Koramangala, Bangalore and the competent authority for granting quarrying permit/ lease under Kerala Minor Minerals Concession rules, 1967 is Department of Mining and Geology of the concerned District. Therefore, in addition to the subject licence, the licensee shall follow provisions of other statutory authorities viz Environmental Clearance, State Govt, Mines Act etc before commencing the operation. The unauthorized, illegal and indiscriminate mining and quarrying operation and grievances of local residents shall be addressed to the concerned District Magistrates/ Director General of Mines Safety/ Department of
Mining and Geology/ Pollution Control Board for redressal.
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Mr. Shibu P John dated 19.11.2018 & 12.3.2018 informed him to obtain no objection certificate from the District Magistrate. If the District Magistrate finds that the licensee had violated the Explosives Act and rules, he can cancel the no objection certificate under Rule 115 of Explosives Rules, 2008 and thereby the license granted under these rules stands cancelled under Rule 118 of the said rules.”
“102. No objection certificate before construction .— (1) After approval under rule 101, the person desiring to obtain a licence for manufacture, possession for sale or use of explosives shall obtain a no objection certificate from the District Magistrate or Director General of Mines Safety, as the case may be, before commencing construction of the premises.
(2) Certificate referred to in sub-rule (1) shall not be required if—
(a) the premises proposed to be licensed is within the factory licensed under these rules for manufacture of explosives and the required safety distances are under the control of applicant;
(b) the premises for which the new licence is required is situated within the same survey number, in which the applicant has an existing premises and a valid licence for the same.
(c) any other amendment in the existing licence is carried out which does not warrant any fresh enquiry for grant of no objection certificate.
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(1) A licence granted under these rules may be amended by the authority empowered to grant the licence if the amendment is not inconsistent with the provisions of these rules.
(2) A licensee who desires to have his licence amended shall submit the following particulars to the licensing authority, namely :—
(b) the original licence together with enclosures to it;
(3) The licensing authority after scrutiny of the documents submitted under sub-rule (2), and after making such further inquiries and taking such action as deemed necessary, may take suitable action to amend the licence.”
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view that nothing further survives in this writ petition for consideration of this court.
Writ petition is disposed of.
sd/S.MANIKUMAR CHIEF JUSTICE
sd/MURALI PURUSHOTHAMAN JUDGE
jes
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PETITIONER’S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE COMPLAINT DATED 10-02-2018 FILED BEFORE THE 1ST AND 2ND RESPONDENTS. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE REPLY DATED 20.02.18 CHIEF DEPUTY CONTROLLER OF EXPLOSIVES, ERNAKULAM. |
| EXHIBIT P3 | A TRUE COPY OF THE NOC ISSUED BY THE DISTRICT MAGISTRATE THRISSUR ON 29-06-2012. |
| EXHIBIT P4 | A TRUE COPY OF THE EXPLOSIVE LIC.NO.E/SC/KL/22/1473(E64423) DATED 17-7-17 ISSUED TO 14TH RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE COMPLAINT DATED 08.04.18 FILED BEFORE THE CHIEF DEPUTY CONTROLLER OF EXPLOSIVES, ERNAKULAM. |
| EXHIBIT P6 | A TRUE COPY OF THE COMPLAINT FILED BEFORE THE DISTRICT COLLECTOR THRISSUR DATED 10-02-2018. |
| EXHIBIT P7 | A TRUE COPY OF THE COMPLAINT DATED 05.07.18 FILED BEFORE THE DISTRICT COLLECTOR THRISSUR. |
| EXHIBIT P8 | A TRUE COPY OF THE COMPLAINT DATED 15.01.2019 FILED BEFORE THE DISTRICT COLLECTOR. |
| EXHIBIT P9 | A TRUE COPY OF THE COMPLAINT DATED 22.01.19 FILED BEFORE THE DISTRICT COLLECTOR THRISSUR. |
| EXHIBIT P10 | A TRUE COPY OF THE ORDER NO.L.C.13/17/(B7- 11348/14) DATED 31.10.17 AGAINST THE ILLEGAL MINING OF 1,56,716 CUBIC METER ROCK BY THE 13TH |
| RESPONDENT , ALONG WITH THE ENGLISH TRANSLATION. |
|
| EXHIBIT P11 | A TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR THRISSUR, NO.DCTSR/4333/2018-B8 DATED 05-09-2019 TO CANCEL PATTAYAM OF LAND USED FOR QUARRYING, ALONG WITH THE ENGLISH TRANSLATION. |
| EXHIBIT P12 | A TRUE COPY OF THE LETTER ISSUED BY THE CHIEF DEPUTY CONTROLLER OF EXPLOSIVES, ERNAKULAM. |
RESPONDENTS’ EXHIBITS:
EXT.R6(a) A TRUE COPY OF THE NOTICE DATED 24.1.2019 ALONG WITH ITS FREE ENGLISH TRANSLATION.
// TRUE COPY //
P.S. TO JUDGE
1 issue framed by the court
Whether any reliefs in the writ petition regarding explosive license revocation and illegal blasting survive given the quarry closure and license expiry.
Colour shows how this judgement treated each authority
W.P.(C)No.11249/2010 and connected case judgment dated 25.5.2022Referred¶72
5 provisions across 4 enactments
Pulingara Poura Samithi
The Chief Controller of Explosives, Nagpur
Deputy Chief Controller of Explosives, Ernakulam
The District Collector, Thissur
The District Collector, Ernakulam
Pynadath Granites (P) Ltd.
S.MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
