Kerala High Court
Chandran vs State Of Kerala on 26 August, 2022
WP(C) No.21426/2022 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Friday, the 26th day of August 2022 / 4th Bhadra, 1944
WP(C) NO. 21426 OF 2022(C)
PETITIONER:
CHANDRAN, AGED 49 YEARS, S/O. SIVANANDAN, S.C. BHAVAN, VELLARADA
VILLAGE, KOLLIMOODU P.O., MANAKONAM. P.O., THIRUVANANTHAPURAM - 695
125.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT COLLECTORATE,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM
3. STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU,
KANNAMOOLA ROAD, OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024.
4. THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA) CIVIL
STATION, THIRUVANANTHAPURAM - 695 004.
5. THE DIRECTOR MINING AND GEOLOGY, KESHAVADASAPURAM, PATTOM PALACE,
THIRUVANANTHAPURAM - 695 004.
6. THE DISTRICT ENVIRONMENTAL ENGINEER, STATE POLLUTION CONTROL BOARD,
PLAMOODU, THIRUVANANTHAPURAM - 695 004
7. THE VELLARADA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,
VELLARADA P.O., THIRUVANANTHAPURAM - 695 505.
8. THE TAHSILDAR, TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695
124
9. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL,
THIRUVANANTHAPURAM - 695 124.
10. THE CHIEF CONSERVATOR OF FOREST AND WILD LIFE, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
11. M/S.GRACE AGGREGATES INDIA (P) LTD., TC.9/1511, SASTHAMANGALAM,
THIRUVANANTHAPURAM - 695 010, REPRESENTED BY ITS MANAGING DIRECTOR
S.M. RAJEEV.
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 stay the quarrying operation by 11th respondent in
Sy.Nos.176/7,177/3, 177/3-1, 177/3-2, 177/3-3, 177/3-4, 177/3-5, 177/6,
177/7, 208/7, 208/12, 209/7, 220/2, 220/8, 209/8, 209/8-2, 209-9-9,
209/9-1 of Vellarada Village, pending disposal of the Writ Petition
(Civil).
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
22-08-2022 and upon hearing the arguments of SRI.R.GOPAN, Advocate for the
petitioners, GOVERNMENT PLEADER for R1, R2, R4, R5 & R8, STANDING COUNSEL
for R3, R6 & R7, the court passed the following:
WP(C) No.21426/2022 2/8
P.V.KUNHIKRISHNAN, J.
=====================
W.P.(C). No. 21426 of 2022
=====================
Dated this the 26th day of August 2022
ORDER
The above writ petition is filed challenging Exts.P1
to P6 and to issue appropriate directions directing the 1 st
and 2nd respondents to pass orders directing the 11 th
respondent to stop all quarrying activities and direct the
9th respondent to see that the order is implemented.
2. Petitioner is a resident of Kurichi, a hillock at
Kondaketti Hills in Kallimoodu, in Vellarada Village in
Neyyattinkara Taluk of Thiruvananthapuram District of
Karachi which forms part of Western Ghats. The said Hill
situates at a height about 500 feet from sea level. The
11th respondent is doing granite quarry operation in the
Meethimala which forms part of Kunnichi-Kondaketti
Hills which is a historically important place. Respondent
Nos. 4 to 7 granted permission and licence for
conducting mining operation in 2.8925 hectors of land in
Survey Nos. 176/7, 177/3, 177/3-1, 177/3-2, 177/3-3,
177/3-4, 177/3-5, 177/6, 177/7, 208/7, 208/12, 209/7,
WP(C) No.21426/2022 3/8
W.P.(C). No. 21426 of 2022
220/2, 220/8, 209/8, 209/8-2, 209/9-9, 209/9-1 of Vellarada
Village in Neyyattinkara Taluk.
3. It is a case of the petitioner that, the property
having an extent of 322 Ares of land comprised in survey No.
177/3, 177/7, 220/2 and 220/8 are assigned lands in LA
proceedings as evident by Ext.P7. It is submitted that the
Division Bench of this Court in W.P.(C) No. 26488/2014 and
connected cases held that mining operation cannot be
permitted in the lands' assigned for a specific purpose. Hence,
the petitioner insist for an interim order to stay the quarrying
operation by the 11th respondent in Survey Nos. 176/7, 177/3,
177/3-1, 177/3-2, 177/3-3, 177/3-4, 177/3-5, 177/6, 177/7,
208/7, 208/12, 209/7, 220/2, 220/8, 209/8, 209/8-2, 209/9-
9, 209/9-1 of Vellarada Village.
4. Heard the learned Counsel for the petitioner, the
learned Government Pleader and the learned Counsel
appearing for the 11th respondent.
5. The learned counsel for the petitioner reiterated the
contentions raised in this writ petition. On the other hand, the
WP(C) No.21426/2022 4/8
W.P.(C). No. 21426 of 2022
learned counsel for the 11th respondent conceded the legal
position in the light of the Division Bench judgment that no
quarrying is permitted in the lands assigned for a specific
purpose. But the learned counsel for the 11th respondent
submitted that, the first year mining area allotted to the
petitioner is marked in Ext.R11(b). The learned counsel
submitted that, as per Ext.R11(c) those area is included in
Survey Nos. 208/7, 208/12, 209/9 and 209/7. According to
the petitioner, these survey numbers are not assigned land.
The learned counsel relied the documents produced in the
reply affidavit. The learned counsel relied Exts.R11(f) to
R11(k).
6. The learned Government Pleader and the learned
counsel for the petitioner submitted that, all the lands for
which permit is given is assigned land. The learned
Government Pleader takes me through paragraph 3 to 5 of the
counter affidavit dated 08.08.2022 which is extracted
hereunder;
WP(C) No.21426/2022 5/8
W.P.(C). No. 21426 of 2022
" 3. As is seen from Exhibit R11 (a), a quarrying
lease was executed in favour of the 11 th respondent for
carrying out quarrying operations from an extent of
2.8925 hectares of land comprised in Re. Sy No's 176/7,
177/3, 177/3-1, 177/3-2, 177/3-3, 177/3-4, 177/3-5,
177/6, 177/7, 208/7, 208/12, 209/7, 220/2, 220/8,
209/8, 209/8-1, 209/8-2, 209/9, 209/9-1 and 209/9-2 of
Block No. 36 of Vellarada Village, Neyyattinkara Taluk,
Thiruvananthapuram. It is respectfully submitted that the
said extent of property covered by Exhibit R11 (a)
quarrying lease was earlier comprised in erstwhile
Kunnathukal B Village, which falls within the jurisdiction
of Tahsildar, Neyyattinkara.
4. Going by the records maintained at this office
and that Village Office, Vellarada, the properties covered
by Exhibit R11 (a) quarrying lease was originally
comprised in Sy No's 693/1 and 693/2 of Kunnathukal B
Village, Neyyattinkara Taluk, Thiruvananthapuram. An
extent of 399.63 Acres of land was comprised in Sy. No.
693/1, whereas an extent of 366.11 Acres of land was
comprised in Sy. No. 693/2, out of which the resurvey
numbers figured in Exhibit R11 (a) quarrying lease, was
originated.
5. As is seen from the Register of the List of
Assignable Lands, prepared in consonance with Rule 11 of
the Kerala Land Assignment Rules of 1964, maintained at
this office, the properties comprised in Sy. No's. 693/1
(399.63 Acres of land) and Sy. No. 693/2 (366.11 Acres
of land) are included therein as Government land which
could be assigned, as contemplated under the Kerala Land
Assignment Act 1960 and the Rules made thereunder. A
true copy of the relevant extract of the Register of the List
of Assignable Lands maintained at Taluk Office,
Neyyattinkara pertaining to Kunnathukal B Village is
produced herewith and marked as Exhibit R8 (a)."
(underline supplied)
WP(C) No.21426/2022 6/8
W.P.(C). No. 21426 of 2022
7. The petitioner and the learned Government Pleader
says that the property in which the permit is given for
quarrying is assigned land and quarrying is prohibited in the
light of the Division Bench judgment. The 11 th respondent says
that, it is not an assigned land. Both sides relies documents to
substantiate their case. In such circumstance, a detailed
hearing is necessary. After going through the pleading and
averments in the affidavit filed by the 8 th respondent, I am
prima facie of the opinion that, the properties where quarrying
permitted is assigned lands. If that is the case an interim
order can be passed in this case. The balance of convenience
is in favour of the petitioner, because if the quarrying works
continued in an assigned land it cannot be cured by
subsequent stay order. The matter can be heard in detail after
onam holidays. Till then there can be an interim order.
8. Therefore, there will be a stay of quarrying
operation by the 11th respondent in Survey Nos. 176/7, 177/3,
177/3-1, 177/3-2, 177/3-3, 177/3-4, 177/3-5, 177/6, 177/7,
WP(C) No.21426/2022 7/8
W.P.(C). No. 21426 of 2022
208/7, 208/12, 209/7, 220/2, 220/8, 209/8, 209/8-2, 209/9-
9, 209/9-1 of Vellarada Village for a period of one month.
Post on 19.09.2022.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
LU
26-08-2022 /True Copy/ Assistant Registrar
WP(C) No.21426/2022 8/8
APPENDIX OF WP(C) 21426/2022
Exhibit P1 PHOTOCOPY OF THE CLEARANCE CERTIFICATE NO. 42/2018
DATED 27.11.2018 ISSUED BY THE 4TH RESPONDENT
Exhibit P2 PHOTOCOPY COPY OF CLEARANCE CERTIFICATE NO. 42/2018
DATED 27.11.2018 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 PHOTOCOPY OF THE CONSENT TO OPERATE THE QUARRY ISSUED
BY THE 6TH RESPONDENT DATED 19.12.2018 TO THE 11TH
RESPONDENT
Exhibit P4 PHOTOCOPY OF EXPLOSIVE LICENSE ISSUED TO THE 11TH
RESPONDENT BY THE ADDITIONAL DISTRICT MAGISTRATE,
THIRUVANANTHAPURAM
Exhibit P5 PHOTOCOPY OF THE D & O LICENSE DATED 4.01.2022 ISSUED
BY THE 7TH RESPONDENT TO THE 11TH RESPONDENT
Exhibit P6 PHOTOCOPY OF THE CERTIFICATE DATED 20.12.2017 ISSUED BY
THE 5TH RESPONDENT
Exhibit P7 PHOTOCOPY OF THE STATEMENT SUBMITTED BY THE 11TH
RESPONDENT BEFORE THE AUTHORITY
Exhibit R11 A A TRUE COPY OF THE QUARRYING LEASE DATED 6.4.2022
Exhibit R11 B A TRUE COPY OF MINING PLAN ISSUED FROM THE DEPARTMENT
OF MINING AND GEOLOGY
Exhibit R11 C A TRUE COPY OF APPROVED LOCATION MAP PERTAINING TO BE
PROPERTIES OF THE PETITIONER ISSUED BY THE VILLAGE
OFFICER, VELLARADA
EXHIBIT R8(a) TRUE COPY OF THE RELEVANT PAGES OF THE REGISTER OF THE
LIST OF ASSIGNABLE LANDS MAINTAINED AT NEYYATTINKARA
TALUK OFFICE PERTAINING TO KUNNATHUKAL B VILLAGE.
Exhibit R11 F A TRUE COPY OF THE SALE DEED NO.1415 OF 2014,
REGISTERED AT VELLARADA SUB REGISTRY.
Exhibit R11G A TRUE COPY OF LAND TAX RECEIPT DATED 3.2.2018 NO.
0568497 ISSUED BY VILLAGE OFFICE, VELLARADA.
Exhibit R11H A TRUE COPY OF SALE DEED NO. 3092 OF 1969, REGISTERED
AT KUNNATHUKAL SUB REGISTRY.
Exhibit R11 I A TRUE COPY OF SALE DEED NO. 1513 OF 1975, REGISTERED
AT KUNATHUKAL SUB REGISTRY.
Exhibit R11J A TRUE COPY OF SALE DEED NO. 125 OF 1997, REGISTERED AT
VELLARADA SUB REGISTRY.
Exhibit R11K A TRUE COPY OF THE SALE DEED NO. 2179 OF 1994,
REGISTERED AT VELLARADA SUB REGISTRY.
