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
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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
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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
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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
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OBTAINING ENVIRONMENTAL CLEARANCE AS
STIPULATED IN THE JUDGMENTS.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE