Kerala High Court
A. M. Varghese vs The Station House Officer on 5 April, 2024
WP(C) No.3751/2024 1/6 Order Date : 05-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 5th day of April 2024 / 16th Chaithra, 1946
WP(C) NO. 3751 OF 2024
PETITIONER:
A. M. VARGHESE,AGED 67 YEARS,
S/O. MANI,AYINKALATHIL HOUSE,CHEMPANTHOTTI P.O., KANNUR
DISTRICT,PIN-670631.
RESPONDENTS:
1. THE STATION HOUSE OFFICER,SREEKANDAPURAM POLICE
STATION,SREEKANDAPURAM,KANNUR DISTRICT,PIN-670631.
2. NOUFAL A.M,S/O. MOIDEEN,RESIDING AT
PURANJAN,CHEMPERIP.O.,KANNUR,PIN-670632
3. MAJEED,CHALAPERI
HOUSE,KARAYATHUMCHAL,CHEMPENTHOTTIP.O.,KANNUR,PIN-670631
4. ASHRAF,S/O ATHIKKA,PARAMBAMARAKATH
HOUSE,KARAYATHUMCHAL,CHEMPENTHOTTY P.O.,KANNUR,PIN - 670631
5. VILLATHANAM TOMY,S/O. OUSEPH,RESIDING AT
KARAYATHUMCHAL,CHEMPENTHOTTY P.O.,KANNUR,PIN-670631
6. DEVASYKUTTY,RESIDING AT CHAKIYATH,KARAYATHUMCHAL,CHEMPENTHOTTY
P.O.,KANNUR,PIN-670631
7. ABOOBAKER PATHUKANDI,KARAYATHUMCHAL,CHEMPENTHOTTY
P.O.,KANNUR,PIN-670631
8. FASIL M. MANNENKUNNUMEL,KARAYATHUMCHAL,CHEMPENTHOTTY
P.O.,KANNUR,PIN-670631
9. ADDL.R9 THE KERALA POLLUTION CONTROL BOARD,REPRESENTED BY ITS
CHAIRMAN,PATTOM P.O,THIRUVANANTHAPURAM-695 004
10. ADDL.R10 SREEKANDAPURAM MUNICIPALITY,SREEKANDAPURAM,KANNUR
DISTRICT-670631,REPRESENTED BY THE SECRETARY.
11. ADDL.R11 THE DISTRICT GEOLOGIST,MINING AND GEOLOGY,DISTRICT
OFFICE,CIVIL STATION, KANNUR - 670 002.[ADDL.R9 TO R11 ARE IMPLEADED
AS PER ORDER DATED 01.02.2024 IN I.A-1/2024 IN WP(C) 3751/2024]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent station house officer to provide
sufficient and meaningful police protection to the life and property of
the petitioner and to take necessary steps for the smooth functioning of
the quarry owned by the petitioner without the same being obstructed or
prevented by respondents no 2 to 8 and their associates/goons, pending
disposal of the writ petition.
WP(C) No.3751/2024 2/6 Order Date : 05-04-2024
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
14.03.2024 and upon hearing the arguments of SHRI.GEORGE POONTHOTTAM
(SENIOR) along with SMT.NISHA GEORGE, Advocates for the petitioner,
M/S.ABHILASH K.N., SUNIL NAIR PALAKKAT, RITHIK S.ANAND, RISHI VARMA T.R.,
K.M.TINTU, ANU PAUL, SREELAKSHMI MENON P. Advocates for R4 & R8, the Court
passed the following:
WP(C) No.3751/2024 3/6 Order Date : 05-04-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) Nos. 13348 & 3751 of 2024
========================
Dated this the 5th day of April, 2024
ORDER
Environmental Engineer, Kerala State Pollution Control Board, District Office, Kannur, 6th Floor RUBCO House, South Bazar, Kannur - 670002, The Geologist, Department of Mining & Geology, District Office, Kannur, Civil Station P.O, and the Executive Engineer, Public Works Department, Building Division, Thalassery are Suo Moto impleaded as the as respondents 3 to 5. Standing Counsel and the Government Pleader take notice for them. The Registry is directed to make necessary changes in the cause title.
2. The petitioner challenges Ext.P19 stop memo issued by the Secretary of the Municipality, invoking the power under Section 414 of the Kerala Municipality Act. The reason stated in Ext.P19 is that the quarrying operations of the petitioner result in damage to the buildings as well as nuisance to the neighbours by WP(C) No.3751/2024 4/6 Order Date : 05-04-2024 W.P.(C.) NOs. 13348 & 3751 of 2024 2 the vibration caused during the quarrying operation,
3. The allegations raised in Ext.P19 have been denied by the petitioner. For effective adjudication of the writ petition, a joint inspection has to be carried out by the Environmental Engineer, Kerala State Pollution Control Board, the Geologist, Department of Mining & Geology, the Secretary of the Municipality, and also the Execute Engineer, Public Works Department (Building Division), Thalassery and the second respondent. The joint inspection shall be conducted on 12.04.2024 at 10.30 a.m. After the inspection separate reports shall be filed. The reports shall indicate whether the conditions in Ext.P2 consent to operate granted to the petitioner namely condition Nos.2 and 14, which are extracted hereunder are complied with.
" 2. There shall be minimum distance of 50m from the quarrying point to nearest residence as per PCB/HO/Circular- 01/03/2017/B dated 10.10.2017.
14. Blasting and quarrying shall be done without causing any nuisance or damage to occupants of adjoining or neighbouring land or building or posing damage to health, life or property."
WP(C) No.3751/2024 5/6 Order Date : 05-04-2024 W.P.(C.) NOs. 13348 & 3751 of 2024 3
4. If necessary, a trial blasting can also be conducted to find out whether the blasting would result in any damage to the houses in the neighbourhood houses or affect the people in their locality. A report shall be filed before this Court on or before 16.04.2024.
5. The petitioner is directed to serve a copy of the writ petition W.P.(C) 13348/2024 along with I.A. No.1 of 2024 in Ext.P20 to additional respondents 3 to 5 atleast three days before the joint inspection.
6. The members of the joint inspection shall also take note of Ext.P20 report and compare the same with the petitioner's quarry.
7. The petitioner is directed to serve a copy of the writ petitions along with Ext.P20 to the learned Government Pleader as well. Post on 16.04.2024.
Sd/-
MOHAMMED NIAS C.P JUDGE LU WP(C) No.3751/2024 6/6 Order Date : 05-04-2024 APPENDIX OF WP(C) 3751/2024 Exhibit -P1 TRUE COPY OF THE CONSENT NO. KSPCB/KN/ ICO/10032944/2023 DATED 07.07.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD Exhibit -P2 TRUE COPY OF THE EXPLOSIVES LICENSE NO. E/SE/ KL/22/261 (E112554) DATED 19.11.2019 ISSUED TO THE PETITIONER. Exhibit -P3 TRUE COPY OF THE LICENCE NO. 131284012300949 DATED 01.01.2024 ISSUED BY THE SREEKANDAPURAM MUNICIPALITY TO THE PETITIONER Exhibit-P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO. 82/2018 DATED 24.03.2018 INITIALLY ISSUED TO THE PETITIONER BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KANNUR Exhibit-P5 TRUE COPY OF THE OFFICE MEMORANDUM BEARING F.NO.
IA3-22/11/2023-IA.III (E-208230) DATED 03.11.2023 OF THE IMPACT ASSESSMENT DIVISION OF THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE Exhibit-P6 TRUE COPY OF THE QUARRYING PERMIT NO. 07/2023-24/QP/ GS/DOKAN-DMG/821/2023-M DATED 06.01.2024 ISSUED IN FAVOUR OF THE PETITIONER BY THE GOVERNMENT OF KERALA, DEPARTMENT OF MINING & GEOLOGY Exhibit-P7 TRUE PHOTOGRAPHS EVIDENCING THE ACTIONS OF THE LOCALS AND THEIR GOONS Exhibit-P8 TRUE COPY OF THE COMPLAINT DATED 17.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT STATION HOUSE OFFICER Exhibit-P9 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 17.01.2024 ISSUED BY THE 1ST RESPONDENT Exhibit-P10 TRUE COPY OF THE ORDER DATED 19.01.2024 IN W.P(C)NO.
2451 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit -P11 TRUE COPY OF THE JUDGMENT DATED 16.01.2024 IN W.P(C) NO. 1730 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit P12 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE- RENEWAL ISSUED BY THE 9TH RESPONDENT BEARING FILE NO. KSPCB/KN/ICO/10058482/2024 DATED 26.02.2024.