T.N.Soman vs The District Geologist
2021 Latest Caselaw 23380 Ker

WP(C) NO. 3938 OF 2021                     1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021/4TH AGRAHAYANA, 1943
                       WP(C) NO. 3938 OF 2021
PETITIONER:
         T.N.SOMAN
         AGED 63 YEARS
         S/O.NEELAKANDAPILLA, THEKKEDATH HOUSE,
         VAYATTUPARAMBA P.O., VELLAD VILLAGE,
         THALIPARAMBA TALUK, KANNUR DISTRICT

              BY ADV P.M.ZIRAJ


RESPONDENT/S:

   1   THE DISTRICT GEOLOGIST
       DEPARTMENT OF MINING AND GEOLOGY,
       CIVIL STATION, KANNUR DISTRICT-670 002

   2   THE DIRECTOR,
       MINING AND GEOLOGY,OFFICE OF THE MINING AND GEOLOGY,
       KESAVADASAPURAM,PATTAM, THIRUVANANTHAPURAM-695 001

   3   STATE ENCIRONMENTAL IMPACT ASSESSMENT AUTHORITY
       (SEIAA),
       DEPARTMENT OF ENVIRONMENT AND FOREST ,
       THIRUVANANTHAPURAm-6985 001,
       GOVERNMENT OF KERALA, REPRESENTED BY ITS MEMBER
       SECRETARY

   4   STATE OF KERALA,
       REPRESENTED BY THE SECRETARY TO GOVERNMENT,
       INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
       GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

       BY R1, R2 & R4 SRI. T. P. SAJAN, SPL. GP
       R3 BY SRI M.P.SREEKRISHNAN (SC)


       THIS    WRIT   PETITION    (CIVIL)      HAVING   COME    UP    FOR
ADMISSION      ON   25.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 3938 OF 2021                 2



                           T.R. RAVI, J.
            --------------------------------------------
                    W.P.(C)No.3938 of 2021
            --------------------------------------------
          Dated this the 25th day of November, 2021

                           JUDGMENT

The prayer in the writ petition is for a direction to the 1 st

respondent to consider the application of the petitioner for renewal

of quarrying permit. The grievance of the petitioner is that the

respondents are refusing to issue the quarrying permit in view of

Ext.P10 order of the National Green Tribunal (NGT for short)

prohibiting issuance of such permits, if the quarry is within 200

metres of residential houses.

2. Heard.

3. The petitioner relies on the judgment of this Court in

W.P.(C)No.21615/2020 and connected cases in which an order

passed by the NGT regarding the distance criteria was challenged.

This Court allowed the writ petitions and set aside the order of the

NGT which stipulated a minimum distance of 200 metres from

residential buildings and directed the NGT to dispose of the

representations. It is submitted that the issue was later considered

by the Hon'ble Supreme Court in the decision in Municipal

Corporation of Gr. Mumbai v. Ankita Sinha & Ors. reported in

[2021 (6) KLT 133 (SC)]. The Hon'ble Supreme Court has set

aside the order of the NGT and held that the NGT is obliged to hear

the parties before issuing any adverse directions. After the

judgment of the Hon'ble Supreme Court, a learned Single Judge of

this Court has considered the issue and in the judgment in

Kokkallur Granites Pvt.Ltd. v. Director of Mining and Geology

reported in [2021 (6) KLT 347] this Court directed consideration

of the application submitted for quarrying permits, Environmental

Clearance, PCB consent, explosive licence, Local Body licence,

leases, etc. in terms of the judgment of the Hon'ble Supreme Court

referred above.

In the above circumstances, this writ petition is allowed.

Respondents are directed to consider the application submitted by

the petitioners on the basis of the judgments of the Hon'ble

Supreme Court in Municipal Corporation of Gr. Mumbai v.

Ankita Sinha & Ors. reported in [2021 (6) KLT 133 (SC)] and

that of this Court in Kokkallur Granites Pvt.Ltd. v. Director of

Mining and Geology reported in [2021 (6) KLT 347] and pass

orders within 6 weeks from the date of receipt of a certified copy of

this judgment.

Sd/-

T.R. RAVI JUDGE

dsn

APPENDIX OF WP(C) 3938/2021 PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAST QUARRYING PERMIT DATED 13.2.2020 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE RENEWED EXPLOSIVE LICENCE DATED 27.11.2019 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE , KANNUR

EXHIBIT P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL ISSUED BY THE KERALA STATION POLLUTION CONTROL BARD DATED 5.4.2018

EXHIBIT P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 24.3.2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY , KANNUR

EXHIBIT P5 TRUE COPY OF THE BANK GUARANTEE DATED 18.3.2020 ISSUED BY THE STATE BANK OF INDIA,KANNUR BRANCH

EXHIBIT P6 TRUE COPY OF THE D AND O LICENCE DATED 27.5.2020 ISSUED BY THE SECRETARY, NEDUVIL GRAMA PANCHAYAT

EXHIBIT P7 TRUE COPY OF THE NON ATTACHMENT CERTIFICATE IN CONNECTION WITH THE PROPERTY ISSUED BY THE VILLAGE OFFICER, VELLAD VILLAGE DATED 26.8.2020

EXHIBIT P8 TRUE COPY OF THE DEMARCATION CERTIFICATE DATED 26.8.2020 ISSUED BY THE VILLAGE OFFICER, VELLAD VILLAGE

EXHIBIT P9 TRUE COPY OF COUNTER FOIL OF THE CHELAN DATED 26.8.2020 REGARDING PAYMENT OF FEE

EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER OF NATIONAL GREEN TRIBUNAL DATED 21.7.2020

EXHIBIT P11 TRUE COPY OF JUDGMENT OF THIS COURT DT.3.11.2021 IN WPC.20671/2020 AND CONNECTED CASES.