IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21085 OF 2022
PETITIONER
PAREED .K.S
AGED 63 YEARS
S/O SAIDU MUHAMMED, AGED 63 YEARS, KOPPARAMBIL
HOUSE, ARAKKAPPADY, VENGOLA, ERNAKULAM PIN
683556.
BY ADV MANOJ P.KUNJACHAN
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
LOCAL SELF GOVERNMENT INSTITUTIONS,
SECRETARIAT, THIRUVANANTHAPURAM 695002.
2 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, CIVIL
STATION, KAKKANADU, ERNAKULAM PIN 682030.
3 THE ASAMANNOOR GRAMA PANCHAYAT,
ASAMANNOOR PO, ERNAKULAM DISTRICT, PIN 683549,
REPRESENTED BY SECRETARY,
4 THE SECRETARY,
THE ASAMANNOOR GRAMA PANCHAYAT, ASAMANNOOR PO,
ERNAKULAM DISTRICT, PIN 683549.
BY ADV SHRI.K.S.ARUN KUMAR, SC, ASAMANNOOR
GRAMA PANCHAYAT
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.21085 of 2022 :2:
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner wants to commercially use his property and to remove ordinary earth for commercial purpose. The petitioner requires a Letter of Intent from the Geologist for the said purpose.
2. When the petitioner approached the 2 nd respondent- Geologist, the Geologist required the petitioner to get a No Objection Certificate from the Local Self Government Authorities. The petitioner approached the 4 th respondent- Secretary to Grama Panchayat. Upon the application of the petitioner, Ext.P3 decision has been taken by the Grama Panchayat. In Ext.P3 decision, it has been stated that the petitioner is not seen to have obtained a Building Permit. Furthermore, one of the Ward Members pointed out that the road is at a higher level and plying of heavy vehicles is likely W.P(C) No.21085 of 2022 :3: to damage the road. On that basis, the application is rejected.
3. The Standing Counsel entered appearance on behalf of respondents 3 and 4. The Standing Counsel submitted that though in Ext.P2 application submitted by the petitioner for NOC, it is stated that NOC is for the purpose of producing before the State Environment Impact Assessment Authority (SEIAA), the purpose of removal of ordinary earth is not indicated in Ext.P2.
4. In the absence of any reason, respondents 3 and 4 cannot consider the application. The counsel for the petitioner, on the other hand, submitted that in Ext.P2, it has been specifically stated that NOC is required for obtaining Environmental Clearance through the SEIAA. It is for commercial use of the ordinary earth, contended the petitioner.
5. I have heard the learned counsel representing the petitioner, the learned Government Pleader representing W.P(C) No.21085 of 2022 :4: respondents 1 and 2 and the learned Standing Counsel representing respondents 3 and 4.
6. As far as the question of damage that may occur due to vehicular traffic through the road in question is concerned, this Court has held that the Panchayat Authorities have no power to regulate operation of vehicles through public roads. This Court has held so in Ext.P4 judgment.
7. As far as the question of purpose of NOC is concerned, a perusal of Ext.P2 application made by the petitioner would show that it has explicitly expressed the purpose of removal of ordinary earth. In view of the above, this Court is of the view that the writ petition can be disposed of with appropriate directions.
Accordingly, the writ petition is disposed of permitting the petitioner to file a fresh application for NOC before the 4 th respondent indicating the exact purpose for which NOC and Environmental Clearance are required. If the petitioner submits such an application, respondents 3 and 4 shall take W.P(C) No.21085 of 2022 :5: a decision thereon, taking into consideration the observations made hereinabove, within a period of three weeks.
Sd/-
N. NAGARESH, JUDGE smm/08.07.2022 W.P(C) No.21085 of 2022 :6: APPENDIX OF WP(C) 21085/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CHALAN DATED 22/12/2021 .
Exhibit P2 A TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR GRANT OF NOC .
Exhibit P3 A TRUE COPY OF THE RESOLUTION/ DECISION OF THE 3RD RESPONDENT DATED 16/06/2022.
Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP(C) NO 10541/2021 DATED 12/01/2022.