Disposed

V.S.Vinod v. State Environmental Impact Assessment Authority

Kerala HC2 Jul 2024WP(C)/2762/2016

Case brief

AI extract

What is this about?

Writ petition alleging illegal mining and development of the Pachilamala hill in Kollam district without environmental clearance. A District Collector inspection report found the land virgin, with no applications pending for earth removal or rock blasting. The court closed the petition, noting the petitioner may lodge a fresh writ petition if grievances remain.

What the court decided

AI extract

V.S.Vinod Vs State Environmental Impact… — Mining and Natural Resources | Kerala HC (2024)

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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 GOPINATH P.

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TUESDAY, THE 2^ND DAY OF JULY 2024 / 11TH ASHADHA, 1946

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WP(C) NO. 2762 OF 2016

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PETITIONER/S:

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V.S.VINOD AGED 37 YEARS

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S/O.VIKRAMAN, SAJI SADANAM, KUNNIKODE P.O., KOLLAM, PIN: 691 508.

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BY ADV SRI.ALIAS M.CHERIAN

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RESPONDENT/S:

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1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY OFFICE OF ENVIRONMENT AND CLIMATE CHANGE PALLIMUKKU, PETTAH P.O., THIRUVANANTHAPURAM 695 024, REPRESENTED BY ITS MEMBER SECRETARY.

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2 THE DISTRICT COLLECTOR

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KOLLAM, COLLECTORATE, KOLLAM 691 001.

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3 THE SENIOR GEOLOGIST OFFICE OF THE MINING & GEOLOGY KOLLAM, PIN: 691 001.

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4 THE TAHSILDAR PATHANAPURAM TALUK OFFICE PATHANAPURAM, KOLLAM, PIN: 689 695.

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5 VILAKKUDY GRAMA PANCHAYATH VILAKKUDY P.O., KOLLAM DISTRICT, PIN: 691 508, REPRESENTED BY ITS SECRETARY.

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BY ADVS.

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SRI.M.P.SREEKRISHNAN SRI.M.R.SASITH

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OTHER PRESENT:

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SRI. V HARISH (AMICUS CURIAE)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P (C) No.2762/2016

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J U D G M E N T

This writ petition was filed alleging illegal mining on an ancient hill known as 'Pachilamala, in ward No.19 of Vilakkudy Grama Panchayat in Kollam District. According to the petitioner the hill is going to be developed by certain private property owners for commercial activities by removing soil, blasting rocks and conducting mining. It is alleged that no person has obtained any Environmental Clearance for the said activity. On 09-04-2024 I had directed the District Collector, Kollam to cause an inspection of the area in question with the assistance of such officer he may deem appropriate and to file a report on the factual situation on the ground after such inspetion. The District Collector, Kollam has submitted a report, a copy of which has been made available to me by the learned Government Pleader. The report reads as

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follows:-

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“The land mentioned in WP(C) 2762/2016 filed by Sri. V.S. Vinod was inspected from this office on 18.06.2024 along with the District Geologist, Environmental Engineer, Kerala State Pollution Control Board, Deputy Tahsildar, Taluk Office, Pathanapuram and Village officer, Vilakkudi as per the direction of Hon'ble High Court on 09.04.2024. The petitioner in WP(C) 2762/2016, Sri.V.S. Vinod was also present at the time of site inspection as he was intimated regarding the same from this office. The land in question is comprised in survey numbers 400/1-4, 400/1-5 and 400/1-6 and the extent of the lands are 1.125100 Ha, 0.2104 Ha and 0.8094 Ha respectively. The petitioner in WP(C) 2762/2016, who was present during site inspection also agreed that the land is the same as that is mentioned in the case. There is no dwelling houses within the said land.

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The land is owned by Sri.John.C.Luke and his wife Smt. Merin John, Charuvila Puthenveedu, Chengamanadu, Melila, Kottarakkara. The lattitude and longitude of the place are 9001'13.83"N and 76050'23.87"E and it is situated on the southern side of Kollam - Shenkottai road, about 1.5 km west of the Kunnikkodu Junction. The land is situated at a height of 5 m from the road level and is a rubber plantation. From the enquiry it is revealed that land owners have

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W.P (C) No.2762/2016

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submitted no application for removal of ordinary earth or blasting of rocks from the said land in the District office, Mining & Geology Department, in Taluk Office or in Village Office. The land is virgin and any kind of alteration or land development was not able to find in the area. It is submitted that no application is pending for removal of ordinary earth or granite rocks from the said land in the concerned offices.”

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It is seen from Exts.P2 and P3 complaints that the complaint of the petitioner was also in relation to survey numbers mentioned in the report filed by the District Collector. In the light of the report filed by the District Collector, this writ petition is closed making it clear the if the petitioner has any further grievance, it is open to the petitioner to file fresh writ petition on the same cause of action.

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Writ petition is closed with the above observation.

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Sd/- GOPINATH P. JUDGE

AMG

W.P (C) No.2762/2016

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APPENDIX OF WP(C) 2762/2016

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PETITIONER EXHIBITS

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P1: TRUE COPY OF MINUTES OF THE MEETING DATED 23/06/2015 OF VILAKKUDY GRAMA PANCHAYATH

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P2: TRUE COPY OF COMPLAINT DATED 28/9/2015

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P3: TRUE COPY OF COMPLAINT DATED 30/11/2015

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P4: TRUE COPY OF REPRESENTATION DATED 19/01/2016

V.S.Vinod v. State Environmental Impact Assessment Authority

Case brief

What is this about?

What the court decided

V.S.Vinod v. State Environmental Impact Assessment Authority

Case brief

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What the court decided

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