Kerala High Court
M/S. J & P Constructions And J & P ... vs M/S. J & P Constructions And J & P ... on 23 February, 2021
WA 381/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday,the 23rd day of February 2021/4th Phalguna, 1942
For information purpose only
WA No.381/2021
Against judgment dated 19-01-2021 in WP(C) No.23323/2018 of this Court.
APPELLANT/RESPONDENT.NO6:
M/S. J & P CONSTRUCTIONS AND J & P GRANITES,
CHOORAKKODE P.O., PATTAMBI, PALAKKAD DISTRICT - 679 336,
REPRESENTED BY ITS MANAGING PARTNER.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ABI BENNY AREECKAL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
SMT.KARTHIKA MARIA
SMT.LEAH RACHEL NINAN
SMT.NANDA SANAL
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
RESPONDENTS/PETITIONER &RESPONDENTS 1TO 5:-
1. BALAKRISHNAN P.,AGED 57 YEARS,
S/O. LATE BALAKRISHNA MENON, RESIDING AT PALAPPATTA HOUSE, P.
O. CHOORAKODE, VIA VALLAPPUZHA, PALAKKAD DISTRICT - 679 336.
2. THE STATE OF KERALA
REP. BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. THE DIRECTOR OF MINING AND GEOLOGY
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM P. O., THIRUVANANTHAPURAM - 695 004.
4. THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT, CIVIL STATION, PALAKKAD - 678 001.
5. THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD
- 678 001.
WA 381/2021 2/5
6. ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
PALAKKAD - 678 001.
BY SRI.V.HARISH FOR R-1, SRI. S.KANNAN SR. GOVT. PLEADER FOR R-2
TO R-5 AND T. NAVEEN STANDING COUNSEL FOR R-6.
Prayer for interim relief in the Writ Appeal stating that in the circumstances
For information purpose only
stated in the appeal memorandum the High Court be pleased to stay the
operation of the judgment dated 19.01.2021 in W.P.(C) No.23323 of 2018,pending
disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 23.02.2021 upon perusing the
appeal memorandum, the court on the same day passed the following:-
WA 381/2021 3/5
S.MANIKUMAR & SHAJI P.CHALY, CJJ.
---------------------------------
WA No.381 of 2021
---------------------------------
Dated this the 23rd day of February 2021
For information purpose only
ORDER
S. MANIKUMAR,CJ.
Being aggrieved by Ext.P1 order for quarrying granted by the Director of
Mining and Geology, Thiruvananthapuram, 3rd respondent, and the consequential
lease agreement and Ext.P3 mining plan of the Geologist, District Office,
Department of Mining and Geology, Palakkad, the 4th respondent, and secured by
M/s. J & P Constructions and J & P Granites, Choorakode, the appellant herein, in
respect of 01.6190 hectares of land in Survey Nos. 75 and 78/2 in Block No. 34 of
Vallapuzha Village, for extracting granite building stone for the period from
04.12.2015 to 28.05.2019 in contravention of the permissible limits and conditions
in Ext. P1 order, the writ petition was filed.
2. The writ petitioner inter alia has sought for a writ of mandamus directing the
Geologist, Department of Mining and Geology, Palakkad, 5th respondent, to initiate
steps to take penal action against the appellant herein for the violation of the
provisions of the Air (Prevention and Control of Pollution) Act, 1981 and Water
(Prevention and Control of Pollution) Act, 1974.
3. Even though the writ court has found that without taking recourse to the
alternative remedy provided under the aforesaid Act, writ petition has been filed,
after considering the statutory provisions and the decisions cited by the rival
parties, writ court at paragraph 66 of the judgment ordered thus:
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"66. In such circumstances, this writ petition is disposed of by
directing the 2nd respondent Director of Mining and Geology, to
initiate appropriate proceedings against the 6th respondent, under the
For information purpose only
provisions of the Rules of 2015 and other applicable laws, for
extracting granite building stone from the property covered by Ext.P1
order of grant of quarrying lease and Ext.P2 quarrying lease executed
with the State Government, in excess of 24,000 MT per year
prescribed in Ext.P1 order, and finalise the same in accordance with
law, as expeditiously as possible, at any rate, within a period of three
months from the date of receipt of a certified copy of this judgment,
with notice to the 6th respondent and also to the petitioner, and after
affording them a reasonable opportunity of being heard."
4. We have heard the learned counsel for the appellant and perused the
pleadings and materials on record.
5. Sri. S. Kannan, Sr. Government Pleader takes notice for respondents 2 to 5.
Sri. V. Harish takes notice for the first respondent. Sri. T. Naveen, learned Standing
Counsel, takes notice for the 6th respondent. Writ appeal is admitted.
6. Though the petitioner has sought for stay of the impugned judgment, going
through the materials on record, we are not inclined to grant interim stay.
However, we deem it fit to permit the Director of Mining and Geology, Directorate
of Mining and Geology, Thiruvananthapuram, 3rd respondent, to initiate appropriate
proceedings against the appellant herein under the provisions of the Kerala Minor
Mineral Concession Rules, 2015 and other applicable laws. However, we make it
clear that the final outcome of such proceedings initiated be deferred until further
WA 381/2021 5/5
orders from this Court.
Sd/-
S.MANIKUMAR,CHIEF JUSTICE
For information purpose onlySd/-
SHAJI P.CHALY,JUDGE
/true copy/
Sd/-
ASSISTANT REGISTRAR
EXHIBIT;P1-A TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT DATED 15.11.2011.
EXHIBIT;P3- A TRUE PHOTOCOPY OF THE MINING PLAN SUBMITTED BY THE
6TH RESPONDENT.
