Kerala High Court
Jaimon James vs The Secretary on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943
WP(C) NO. 29087 OF 2020
PETITIONER:
JAIMON JAMES, AGED 56 YEARS,
S/O JAMES JOSEPH, VALLITHOTTATHIL (H),
KOODALLOOR POST, KOTTAYAM.
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 THE SECRETARY,
KIDANGOOR GRAMA PANCHAYATH,
KIDANGOOR P O, KOOTTAYAM-686 572.
2 KIDANGOOR GRAMA PANCHAYATH
KIDANGOOR P O, KOTTAYAM-686 572,
REPRESENTED BY ITS SECRETARY.
3 GEOLOGIST,
DISTRICT OFFICE MINING AND GEOLOGY,
COLLECTORATE, KOTTAYAM-686 002.
4 ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, NAGAMPADAM (PO),
KOTTAYAM-686 001.
5 VINOD JAMES, AGED 53 YEARS,
S/O JAMES, VALLITHOTTATHIL (H),
KOODALLOOR POST, KIDANGOOR,
KOTTAYAM-686 587.
R1-R2 BY ADV.SHRI.T.R.HARIKUMAR, SC
R3 BY GOVERNMENT PLEADER SRI MANU RAJ
R5 BY SMT.MINI.V.A.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.29087/2020
2
JUDGMENT
Dated this the 16th day of July, 2021
The petitioner has approached this Court seeking to
direct the respondents 1 to 4 to ensure that the 5 th
respondent does not commence operation of the crusher
unit in the property adjacent to that of the petitioner, without
obtaining licence from respondents 1 to 4.
2. The 5th respondent has filed a counter affidavit in
this case producing Exhibits R5(b), R5(c) and R5(d) which
are consent to establish issued by the Pollution Control
Board. The learned counsel for the petitioner would submit
that since the crusher units are within 300 m area and since
the approach road is less than 8 meters, the Pollution
Control Board should not have granted licence for the
crusher unit.
3. Now that the Pollution Control Board has granted
the consent, it is for the petitioner to avail such other permits
WP(C) No.29087/2020
required to run the crusher unit, in accordance with law.
4. The counsel for the 5th respondent would submit
that the 5th respondent is already running a secondary unit in
the land with all requisite licences as mandated in Ext.R5(a)
order dated 02.05.2018 of the Secretary to the Kidangoor
Grama Panchayat. The 5th respondent will be starting
functioning of the main crusher unit only after obtaining all
requisite licences from the Panchayat authorities.
In view of the said categorical statement made by the
learned counsel for the 5th respondent, this Court do not
deem it necessary to pass any positive order in this writ
petition. This writ petition is accordingly disposed of
recording the above submission made on behalf of the 5th
respondent.
Sd/-
N. NAGARESH
JUDGE
ncd/16.07.2021
WP(C) No.29087/2020
APPENDIX OF WP(C) 29087/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE
KIDANGOOR GRAM PANCHAYATH DATED
3.4.2019.
EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE
DATED 30.06.2018.
EXHIBIT P3 TRUE COPY OF THE REGISTRATION UNDER THE
MSME.
EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT
DATED 14.2.2020.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED
17.02.20
RESPONDENTS' EXHIBITS
EXHIBIT R5(a) THE TRUE COPY OF THE ORDER DATED
2.5.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT R5(b) TRUE COPY OF THE CONSENT TO ESTABLISH
M-SAND @1500 CUBIC FEET ISSUED BY THE
4TH RESPONDENT RENEWED FROM 14.2.2019
UPTO 31.12.2022.
EXHIBIT R5(c) TRUE COPY OF CONSENT TO ESTABLISH
PRIMARY CRUSHER UNIT RENEWED FROM
20.12.2017 TO 30.11.2022.
EXHIBIT R5(d) TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE -RENEWAL DATED 31.3.2018 VALID
UPTO 30.6.2023 ISSUED BY THE 4TH
RESPONDENT.
