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CaseIQ

K.M.ISMAIL v. STATE OF KERALA

Kerala High Court

Jan 15, 2024

Judgment

Subsequent
References

CaseIQ

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

MONDAY, THE 15^TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945

WP(C) NO. 31418 OF 2015

PETITIONERS:

1 K.M.ISMAIL

KADAPLACKAL HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

2 FRANCIS JOSEPH

NJALIYATH HOUSE, MALAYATTOOR P.O., ILLITHODE, ERNAKULAM

DISTRICT.

3 BENNY C.Y.

CHERUPILLI HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

4 ABRAHAM P.Y.

PADAMATTOM HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

5 K.G.BHASKARAN

KARIKKOTHAN HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

6 SUDHEER M.P.

CHEKKUNNU HOUSE, MALAYATTOOR P.O., ILLITHODE, ERNAKULAM

DISTRICT.

7 DEVASSY KUTTY

THODUKULAM HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

8 SHYJI POULOSE

PANAYIKKAL HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

9 RAVI E.K.

IYYAMKUZHY HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

10 NATARAJAN

VIJAYA BHAVANAM, MALAYATTOOR P.O., ILLITHODE, ERNAKULAM

DISTRICT.

11 MINI REGHU

1

2

W/O.REGHU T., THENNOORAN HOUSE, MALAYATTOOR

P.O., ILLITHODE, ERNAKULAM DISTRICT.

12 K.M.IBRAHIMKUTTY

KADAPLACKAL HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

13 SALEENA PAREEKUTTY

KADAPLACKAL HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

14 DEVASSY KUTTY M.

MUNDAN HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

15 T.M.VARKEY

THENGUMTHETTAYIL HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

16 K.V.RAMAKRISHNAN

KANIYARKUDY HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

17 VALSAN

MANGALATHUPARAMBIL HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

18 JOSEPH M.O.

MUTTAMTHOTTIL HOUSE, NEELEESWARAM P.O.,

NEELEESWARAM, ERNAKULAM DISTRICT.

19 M.V.THOMAS

MALIACKAL HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

20 SICILY DURO

PUTHUSSERY HOUSE, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

21 M.O.POULOSE

3

MUNDAM HOUSE, MALAYATTOOR P.O., ILLITHODE,

ERNAKULAM DISTRICT.

BY ADVS.

DR.K.P.SATHEESAN (SR.)

SRI.ANOOP.V.NAIR

SRI.P.MOHANDAS ERNAKULAM

RESPONDENTS:

1 THE STATE OF KERALA

REPRESENTED BY SECRETARY TO GOVERNMENT,

INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM - 695 001.

2 THE SENIOR GEOLOGIST

MINING & GEOLOGY DEPARTMENT,

DISTRICT OFFICE, CIVIL STATION, KAKKANAD,

ERNAKULAM - 682 030.

3 THE DISTRICT COLLECTOR

ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM

DISTRICT - 682 030.

4 THE DISTRICT POLICE CHIEF

ERNAKULAM (RURAL), ALUVA, ERNAKULAM

DISTRICT - 683 101.

5 THE DIRECTOR

MINING & GELOGY, OFFICE OF THE MINING &

GEOLOGY, KESAVADASAPURAM, PATTAM,

THIRUVANANTHAPURAM -695 001.

6 MANOJ ANTONY

SURYA ROCK PRODUCTS, PUTHEN HOUSE,

NEELESWARAM P.O., ERNAKULAM DISTRICT.

4

7 JACOB PAUL

MADASSERY ROCKS, MALAYATTOOR P.O.,

ILLITHODE, ERNAKULAM DISTRICT.

8 JOMON JOSEPH

PARTNER, VIJAYA QUARRY WORKS, KANNIMANGALAM,

NADUVATTOM P.O., NEELESWARAM ERNAKULAM

DISTRICT.

9 ROBINS JOSEPH

MANAGING PARTNER, VIJAYA QUARRY WORKS,

KANNIMANGALAM, NADUVATTOM P.O., NEELESWARAM,

ERNAKULAM DISTRICT.

10 THE MALAYATTOOR-NEELESWARAM GRAMA PANCHAYATH

REPRESENTED BY ITS SECRETARY, MALAYATTOOR,

ERNAKULAM DISTRICT.

BY ADVS.

SRI.B.MOHANLAL

SRI.BABU S. NAIR

DR.GEORGE ABRAHAM - R7 SRI.MILLU DANDAPANI - R6

SRI.B.S.SYAMANTAK, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

5

P.V.KUNHIKRISHNAN, J.

------------------------------ W.P.(C)No. 31418 of 2015 ---------------------------------------------- Dated this the 15^th day of January, 2024

JUDGMENT

The above writ petition is filed with the following prayers:

"(i) issue a writ of mandamus or any other writ, order or direction to the respondents 1 to 5 and respondent No.10 to stop the illegal operation of quarry units of respondents 6 to 9 without obtaining environmental clearance from the Kerala State Environment Impact Assessment Authority or mining plan as provided under Rule 9 of the Kerala Minor Mineral Concession Rules 2015 and close down the said illegal quarry units of the respondents 6 to 9.

(ii) declare that the government has no power to issue orders granting exemption to quarries functioning in the State of Kerala under permits from obtaining environmental clearance, as

6

declared by the Hon'ble Apex Court.

(iii) declare that the respondents 6 to 9 are not entitled to get the benefits of Proviso of Rule 12 of the Kerala Minor Mineral Concession Rules 2015 exempting the environmental clearance to the quarries which had valid permit as on 09.01.2015 and subsequent Exhibit P5 Government Order amending the exemption to the quarries which had valid permit during the financial year 2014-15 since the same is unconstitutional and against the spirit of the Judgment of the Hon'ble Supreme Court of India in Deepak Kumar and others Vs. State of Haryana and others 2012 (4) SCC 629 and the Judgment of this Hon'ble Court in All Kerala River Protection Council Vs. State of Kerala reported in

2015 (2) KLT 78.

(iv) issue such other writ, order or direction which this Honourable Court deems fit to grant to the facts and circumstances of the case."[SIC]

2. The learned counsel appearing for the 7^th respondent submitted that the quarry is not functioning now. Moreover, there is no representation for the petitioners also. Probably the prayers in this

7

Writ petition might have been infructuous. If any quarry units are functioning without permit and license in accordance with law, the petitioners are free to approach the competent authority with appropriate representation.

With the above observation, this Writ Petition is closed.

Sd/-

P.V.KUNHIKRISHNAN

DM JUDGE

8

APPENDIX OF WP(C) 31418/2015

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF SKETCH

ISSUED FROM THE CONCERNED AUTHORITY

WHICH SHOWS THE AREA IN WHICH THE

BLASTING IS PERMITTED.

EXHIBIT P2. TRUE COPY OF SKETCH

ISSUED FROM THE CONCERNED AUTHORITY

WHICH SHOWS THE AREA IN WHICH THE

BLASTING IS PERMITTED.

EXHIBIT P3. TRUE COPY OF SKETCH

ISSUED FROM THE CONCERNED AUTHORITY

WHICH SHOWS THE AREA IN WHICH THE

BLASTING IS PERMITTED.

EXHIBIT P4. TRUE COPY OF COMPLAINT

DATED 17.09.2015 SUBMITTED BY THE

IST PETITIONER BEFORE THE 2ND

RESPONDENT.

EXHIBIT P5. TRUE COPY OF

G.O(P)NO.69/2015/ID DATED

19.05.2015.

EXHIBIT P6. TRUE COPY OF JUDGMENT OF

EXHIBIT P7. TRUE COPY OF INTERIM

EXHIBIT P8. TRUE COPY OF ORDER

ISSUED BY THE GOVERNMENT GRANTING

EXEMPTION TO THE QUARRIES FROM

9

OBTAINING ENVIRONMENTAL CLEARANCE AS

STIPULATED IN THE JUDGMENTS.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE