Kerala High Court
Sasidharan V vs Pallasana Grama Panchayath on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:49455
WP(C) NO. 24705 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 24705 OF 2025
PETITIONER:
SASIDHARAN V
AGED 53 YEARS
S/O. A.K. VELAYUDHAN, MANAGING PARTNER, DEEPAM
GRANITES, MURINGAMALA, VEMBALLOOR P.O, PALAKKAD
DISTRICT, PIN - 688537
BY ADVS.
SRI.M.P.MADHAVANKUTTY
SMT.DIVYADEVI V.G.
SMT.ANGEL GYLES LIKE
RESPONDENTS:
1 PALLASANA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PALLASANA P.O.,
PALAKKAD DISTRICT, PIN - 678505
2 SECRETARY
PALLASANA GRAMA PANCHAYATH, PALLASANA P.O.,
PALAKKAD DISTRICT, PIN - 678505
3 DISTRICT COLLECTOR
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN -
678013
4 GEOLOGIST
MINING & GEOLOGY DEPARTMENT, PALAKKAD, PIN - 678014
5 ENVIRONMENTAL ENGINEER
2025:KER:49455
WP(C) NO. 24705 OF 2025
2
POLLUTION CONTROL BOARD, PALAKKAD, PIN - 678001
SC SRI. NIRMAL S.
SR. GOVERNMENT PLEADER SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:49455
WP(C) NO. 24705 OF 2025
3
Dated this the 7th day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P11 notice issued by the 2nd respondent.
2. The petitioner is running a stone quarry unit within the territorial limits of the 1 st respondent Panchayat. The petitioner has all the requisite statutory licenses and permissions issued by the competent authorities to operate the quarry, as evidenced by Exts.P2 to P7 documents. Certain antisocial elements had obstructed the work in the petitioner's property. By Ext.P9 order, this Court had granted police protection to the petitioner. Surprisingly, by Ext.P11 notice, the 2 nd respondent has ordered the petitioner to stop the functioning of the quarry, without any prior notice. Ext.P11 notice is illegal and arbitrary.
3. Heard; the learned counsel for the petitioner, 2025:KER:49455 WP(C) NO. 24705 OF 2025 4 the learned Standing Counsel for the respondents 1 and 2 and the learned Government Pleader.
4. Ext.P11 is only a notice issued by the 2 nd respondent directing the petitioner to stop the functioning of the quarry temporarily, due to an untoward incident that has occurred in the house of one Chandaran because of excessive ammunition used by the petitioner to blast the rocks, and there is unbearable noise pollution, which has prima facie been found to be correct in the site inspection conducted by the 2nd respondent. Moreover, due to the torrential rains it is necessary to protect the lives of the people of the locality from any further untoward incidents.
5. It is the petitioner's case that, sub-section (1) of Section 233(A) of the Panchayat Raj Act,1994 (in short, 'Act'), obliges the 2nd respondent to give prior notice to the petitioner to abate the nuisance before ordering the quarry operation to be stopped. Instead, the 2nd 2025:KER:49455 WP(C) NO. 24705 OF 2025 5 respondent has proceeded under sub-section (3) of Section 233(A) of the Act, and directed the quarry to be stopped, which is in violation of the statutory procedure under the Act. Therefore, this Court may exercise its plenary powers under Article 226 of the Constitution of India.
6. As already observed above, Ext.P11 notice was issued by the Secretary in the emergency situation like the one at hand, where the petitioner is alleged to be using excessive ammunitions, which is causing danger to the lives of the people of the locality.
7. Taking into consideration the peculiar facts and circumstances of the case, I am not inclined to interfere with Ext.P11 notice by exercising the discretionary jurisdiction of this Court. Instead to do complete justice to both sides, I permit the petitioner to forthwith submit his explanation to Ext.P11 notice with a copy of this judgment. If such explanation is submitted, 2025:KER:49455 WP(C) NO. 24705 OF 2025 6 the 2nd respondent shall finalise Ext.P11 notice, in accordance with law and as expeditiously as possible, at any rate, within a week from the date of submission of the explanation, after affording the petitioner an opportunity of being heard. On the contrary, if the petitioner is aggrieved by Ext.P11 notice, he has an alternative statutory remedy as provided under Section 276 of the Act.
With the above observations, the writ petition is disposed off.
SD/-
C.S.DIAS, JUDGE rmm7/7/2025 2025:KER:49455 WP(C) NO. 24705 OF 2025 7 APPENDIX OF WP(C) 24705/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED IN FAVOUR OF DEEPAM GRANITES BY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), KERALA DATED 7/01/2023 Exhibit P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 10/1/2023 IN FAVOUR OF DEEPAM GRANITES Exhibit P3 A TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED FROM THE PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION DATED 5/3/2021 Exhibit P4 A TRUE COPY OF THE LICENSE ISSUED IN FAVOUR OF THE PETITIONER BY PALLASSANA GRAMA PANCHAYATH DATED 04-04-2024 Exhibit P5 A TRUE COPY OF THE LICENSE ISSUED BY PETROLEUM AND EXPLOSIVE ORGANISATION (PESO) DATED 13/9/2023 Exhibit P6 A TRUE COPY OF THE MOVEMENT PERMIT ISSUED IN FAVOUR OF THE PETITIONER UNDER THE KERALA MINERALS (PREVENTION OF ILLEGAL MINING, STORAGE, AND TRANSPORTATION) RULES, 2015 BY THE DEPARTMENT OF MINING AND GEOLOGY DATED 13/1/2025 Exhibit P7 A TRUE COPY OF THE NOC ISSUED IN FAVOUR OF THE PETITIONER FROM THE CHITTOOR IRRIGATION SUB DIVISION ASSISTANT EXECUTIVE ENGINEER DATED 28/2/2025 Exhibit P8 A TRUE COPY OF THE ABOVE FIR NO.229/2025 OF KOLLANGODE POLICE STATION DATED 03-03-
2025 Exhibit P9 A TRUE COPY OF THE ORDER DATED 28-03-2025 IN W.P.(C) NO. 11888/2025 Exhibit P10 A TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT DATED 30-03-2025 Exhibit P11 A TRUE COPY OF THE ORDER DATED 25-06-2025 BEARING NO. 2677238-2025 TO THE PETITIONER