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John Joseph v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 16TH DAY OF DECEMBER 2016/25TH AGRAHAYANA, 1938 WP(C).No. 8462 of 2016 (G)
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PETITIONER(S):
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JOHN JOSEPH
S/O.JOSEPH, KALLUMADATHIL HOUSE,
KALLAYANTHANI.P.O., THODUPUZHA TALUK.
BY ADV. SRI.S.VIDYASAGAR
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY,
LOCAL SELF DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 690001
2. DISTRICT COLLECTOR,IDUKKI,
DISTRICT COLLECTORATE PYNAVU, IDUKKI-685602
3. THE THASILDHAD,
THODUPUZHA TALUK OFFICE, THODUPUZHA-985584
4. ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE IDUKKI, EASTERN BUILDING,
ANACODE JUNCTION, THODUPUZHA-685584
5. SENIOR GEOLOGIST, MINING AND GEOLOGY,
IDUKKI DISTRICT OFFICE AT MINI CIVIL STATION,
THODUPUZHA, PIN-685584.
6. SECRETARY, ALAKKODU PANCHAYATH,
KALAYANTHANI P.O., THODUPUZHA, PIN-695584.
7. SECRETARY, EDAVETTY GRAMA PANCHAYATH,
KALLAYANTHANI P.O., THODUPUZHA-685584
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WP(C).No. 8462 of 2016 (G)
8. CI.I. OF POLICE,THODUPUZHA - 685584
9. RANJITH JACOB,S/O.JACOB CHOLLAMADATHIL, UDUNPANNOOR P.O., THODUPUZHA, PIN-685595. R1 TO R3,R5 & R8 BY GOVERNMENT PLEADER
SRI.K.J.MANURAJ
R4 BY ADV. SRI. T.NAVEEN SC,
BY SRI. M.AJAY, SC,
R7 BY ADV. SRI.K.G.ANIL BABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 8462 of 2016 (G) ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS -----------------------
EXT.P1: THE TRUE COPY OF THE ORDER DATED 13.11.2014 IN
WPC.27520/2014.
EXT.P2: THE TRUE COPY OF THE ORDER DATED 8.4.2015 PASSED BY
THE HON'BLE HIGH COURT OF KERALA IN WPC.27520/2014.
EXT.P3: THE TRUE COPY OF THE ORDER DATED 18.4.2015 IN
RESPECT OF THE PROPERTY IN 9/1 PRIVATE LAND OF
ALAKKODE PANCHAYATH
EXT.P4: THE TRUE COPY OF THE LETTER DATED 3/2/2016 ISSUED TO
THE PETITIONER BY THE 5TH RESPONDENT GEOLOGIST
SHOWING THAT NO QUARRYING LEASE IS GRANTED TO THE
9TH RESPONDENT FOR CONDUCTING QUARRY OPERATIONS.
EXT.P5: THE TRUE COPY OF THE D&O LICENSE ISSUED BY THE 7TH
RESPONDENT IN FAVOUR OF THE 9TH RESPONDENT, FOR
CONTINUING ILLEGAL QUARRYING IN PRIVATE LANDS DATED
8.2.2016.
EXT.P6: THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED
10.11.2014 ISSUED BY THE DOCTOR, NEUROLOGY
DEPARTMENT, KOLLENCHERRY MEDICAL COLLEGE.
EXT.P7: THE TRUE COPY OF THE 'NO OBJECTION CERTIFICATE'
ISSUED BY THE 4TH RESPONDENT ENGINEER, OBTAINED
WITHOUT CONSIDERING THE GRIEVANCE OF THE PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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K. VINOD CHANDRAN, J.
===================== W.P.(C) No.8462 of 2016 - G ====================== Dated this the 16th day of December, 2016
J U D G M E N T
The petitioner seeks prohibition of the illegal quarrying operations carried on in private lands in Meenmuttypara in Alacode village. Though very many survey numbers have been pointed out, the 9threspondent who has lands comprised in survey number 9/1 of Alacode village alone is impleaded, and hence relief can be claimed, if at all, only against the said respondent. At the stage of admission it was directed that the the Geologist would ensure that the 9th respondent is carrying on a quarry with necessary sanctions and if not the operations would be stopped forthwith. Despite notice to the 9threspondent none appears.
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W.P.(C) No.8462 of 2016 - G
2. As of now for obtaining a quarrying permit an Environmental Clearance (EC) under the EIA notification of 2006 is imperative. The requirement for EC emanates from
Deepak Kumar v. State of Haryana [(2012) 4 SCC 629] and has been incorporated in the Environmental Impact Assessment (EIA) Notification No. 2006 (SO 1533 E) dated 14.09.2006 issued by the Ministry of Environment and Forests and Climate Change; by S.O No. 141 (E) dtd. 15.01.2016. The short-term permits issued by the Department of Geology, within the state of Kerala based on the provisions in the Kerala Minor Mineral Concession Rules of 2015 (for brevity KMMC Rules), were found to be illegal by a Division Bench of this Court in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78]. The SLP filed against the said judgment numbered as SLP 30103 of 2015 has also been dismissed by the Hon'ble Supreme Court. Hence no quarrying can be carried out without
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W.P.(C) No.8462 of 2016 - G an EC.
In such circumstance, the writ petition would stand allowed making it clear that the 9threspondent cannot carry on quarry operations except with an EC, obtained from the District/State Environment Impact Assessment Authority, a valid permit obtained under the Mines and Minerals (Development and Regulation) Act, 1957, the KMMC Rules and a D&O license from the local authority.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/16/12/2016 // true copy //// P.A to Judge
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