John Joseph v. State Of Kerala, Kerala High Court, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

W.P (C) No. 8462 of 2016 - G

Disposition

allowed

Advocates

By Adv. Sri. S. Vidyasagar
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

Judges

K. Vinod Chandran, J.

Acts

provisions in the Kerala Minor Mineral Concession Rules of 2015 (for brevity KMMC Rules),
Regulation) Act, 1957, the KMMC Rules

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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)

---------------------------

PETITIONER(S):

-------------

JOHN JOSEPH

S/O.JOSEPH, KALLUMADATHIL HOUSE,

KALLAYANTHANI.P.O., THODUPUZHA TALUK.

BY ADV. SRI.S.VIDYASAGAR

RESPONDENT(S):

--------------

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

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:

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

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.8462 of 2016 - G ====================== Dated this the 16^th 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 9^threspondent 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 9^th respondent is carrying on a quarry with necessary sanctions and if not the operations would be stopped forthwith. Despite notice to the 9^threspondent none appears.

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

W.P.(C) No.8462 of 2016 - G an EC.

In such circumstance, the writ petition would stand allowed making it clear that the 9^threspondent 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

John Joseph v. State Of Kerala

John Joseph v. State Of Kerala

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