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  • Rule 12 of the Kerala Minor Mineral Concession Rules 2015
  • Rule 9 of the Kerala Minor Mineral Concession Rules 2015
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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
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  • Rule 12 of the Kerala Minor Mineral Concession Rules 2015
  • Rule 9 of the Kerala Minor Mineral Concession Rules 2015
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    K.M.ISMAIL v. STATE OF KERALA

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT

    THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

    MONDAY, THE 15TH 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 15th 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 7th 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

    THIS HON'BLE COURT DATED 21.05.2015 IN W.P(C)NO.14427/2015.

    EXHIBIT P7. TRUE COPY OF INTERIM

    ORDER IN W.P(C)NO.18313/2015 PASSED BY THIS HON'BLE COURT.

    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

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    Comments

    K.M.ISMAIL v. STATE OF KERALA
    (Jan 15, 2024)