WP(C) NO. 17661 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 17661 OF 2022
PETITIONER/S:
M/S. MATHA AGGREGATES PVT. LTD.
AGED 46 YEARS
VELLADIKUNNU, NAGALASSERY P.O,
PALAKKAD.
REPRESENTED BY ITS MANAGING DIRECTOR
MR. SAJI SEBASTIAN.
, PIN - 679533
BY ADVS.
LEO LUKOSE
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
CIMIL CHERIAN KOTTALIL
SUZANNE KURIAN
RESPONDENT/S:
1 NAGALASSERY GRAMA PANCHAYAT
KOOTTANAD.P.O.,
PALAKKAD.
REPRESENTED BY ITS SECRETARY
, PIN - 679533
2 SECRETARY
NAGALASSERYGRAMA PANCHAYAT,
KOOTTANAD.P.O.,
PALAKKAD.
, PIN - 679533
Addl.R3 RAHUL P, ,AGED 26 YEARS, S/O RAJAN, RESIDING AT
PARAKKAL HOUSE, NELLIKKATTIRI POST, KOOTTANAD,
PALAKKAD DISTRICT 679533
WP(C) NO. 17661 OF 2022 2
ADDL.R4 KRISHNAKUMAR C.K.AGED 41 YEARS, S/O VELAYUDHAN,
CHACKLIKUNNATH HOUSE, NAGALASSERY POST, VIA KOOTTANAD
679 533 (ARE IMPLEADED AS ADDL.RESPONDENTS 3 AND 4 IN
THIS WRIT PETITION AS PER THE ORDER DATED 1.7.2022
IN IA NO.1/2022)
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.M.MADHU, ADDL.RESPONDENTS
N.SANTHA
V.VARGHESE
S.A.ANAND
PETER JOSE CHRISTO
C.S.RAJANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17661 OF 2022 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C) No.17661 of 2022
--------------------------------------
Dated this the 1st day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i. Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext P2 and quash the same.
ii. issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case." [SIC]
2. Ext.P2 is a stop memo issued by the 2nd respondent by which a running quarrying unit has been directed to be stopped. WP(C) NO. 17661 OF 2022 4 According to the petitioner, they are operating the quarry with all statutory clearance including the environmental clearance and consent from Pollution Control Board. According to the petitioner, Ext.P2 has been issued on the basis of a complaint alleged to have been received by the 2 nd respondent. Immediately on receipt of the complaint, the 2 nd respondent issued Ext.P2 stop memo without even issuing a notice or affording an opportunity of hearing to the petitioner. According to the petitioner, Ext.P2 has been issued in gross violation of the principles of natural justice. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel for the 1st and 2nd respondents. I also heard the learned counsel appearing for addl. respondent Nos. 3 and 4.
4. The learned counsel for the petitioner submitted that Ext.P2 is an order passed to stop a running quarry even without giving a notice. The learned counsel appearing for the respondents including the contesting respondents submitted that there is a dangerous situation because of the functioning of WP(C) NO. 17661 OF 2022 5 the quarry and the Panchayat has got power as per Sec.236(9) of the Kerala Panchayat Raj Act to issue such orders.
5. I perused Ext.P2 order. In effect, it is only a show cause notice. It is true that there is a direction to stop the functioning of the quarry. If the petitioner is able to convince the Panchayat authorities that there is no danger as alleged in Ext.P2, the petitioner can carry out the work, in accordance to law. The petitioner already submitted his explanation as evident by Ext.P3. The same can be considered within a short time, so that the grievance of the petitioner can be redressed. Admittedly, there is a stay order passed by this Court as far as Ext.P2 is concerned. That can be continued till a decision is taken, so that the entire matter can be settled by the Panchayat authorities.
Therefore, this writ petition can be disposed of with the following directions :
(1) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P3 reply submitted to WP(C) NO. 17661 OF 2022 6 Ext.P2 show cause notice, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner and additional respondent Nos. 3 and 4.
(2) Till final orders are passed, the interim order staying all further proceedings of Ext.P2 will continue in force.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 17661 OF 2022 7 APPENDIX OF WP(C) 17661/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 28.02.2018 VALID TILL 27.02.2030.
Exhibit P1(a) TRUE COPY OF THEDEED OF TRANSFER OF QUARRYING LEASE DATED 20.03.2019 Exhibit P1(b) TRUE COPY OF THE CONSENT TO OPERATE DTD.
26.03.2022 ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL 08.01.2024 .
Exhibit P1(c) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 09.01.2018 VALID TILL 08.01.2023 ISSUED BY THE DEIAA, PALAKKAD . Exhibit P1(d) TRUE COPY OF THE EXPLOSIVE LICENSE VALID TILL 31.03.2023.
Exhibit P1(e) TRUE COPY OF THE TRADE LICENSE DATED 01.04.2022 VALID TILL 31.03.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER DATED 17.05.2022 BEARING NO. 1232/22 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE LETTER DATED 18.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.