K.N.Nandakumar vs The Director Of Mining And Geology
2022 Latest Caselaw 2164 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                       WP(C) NO. 20085 OF 2021
PETITIONER:

          K.N.NANDAKUMAR
          AGED 54 YEARS
          S/O.NARAYANAN NAIR,
          KORACHADATH HOUSE, 12TH STREET,
          MUSEUM CROSS LANE, CHEMBUKKAVU,
          THRISSUR DISTRICT, PIN - 680 020.

          BY ADV BINU PAUL


RESPONDENTS:

    1     THE DIRECTOR OF MINING AND GEOLOGY
          OFFICE OF THE DIRECTORATE AND MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTOM PALACE P.O.,
          TRIVANDRUM - 695 004.

    2     STATE ENVIRONMENT IMPACT ASSESSMENT
          AUTHORITY (SEIAA KERALA)
          REPRESENTED BY ITS MEMBER SECRETARY,
          4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
          THIRUVANANTHAPURAM - 695 001.

    3     SECRETARY
          KIZHAKKENCHERI GRAMA PANCHAYATH,
          KUNDUKAD - CHITTADY ROAD,
          KIZHAKKENCHERI - 1, MAMPAD,
          THRISSUR, PIN - 678 684.

          BY ADVS.
          SRI.N.KRISHNA PRASAD
          SRI.GAYATHRI POTI

          SRI. B.S. SYAMANTHAK. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20085 OF 2021
                                       2

                                 T.R.RAVI, J.
                      ----------------------------------------
                       WP(C) NO.20085 OF 2021
                     -------------------------------------------
              Dated this the 24th day of February, 2022

                             JUDGMENT

The writ petition has been filed by the petitioner being

aggrieved by non issuance of D&O licence contemplated under the

Kerala Panchayat Raj Act for the purpose of starting a quarrying

operation. The 2nd respondent has by Ext.P9 informed the

petitioner about the decision taken on the proposal submitted by

the petitioner in the 109 th SEIAA meeting held on 26 th & 27th of

April, 2021 whereby it was ordered that the petitioner shall not

start the quarrying operation unless he receives a clearance from

Standing Committee of the National Board for Wild Life and an

NOC from the District Disaster Management Authority. The

petitioner has, in paragraph No.12 of the writ petition undertaken

that he will comply with the directions in Ext.P9.

2. This Court had on 29.11.2021 directed the 3 rd respondent

to take up Ext.P6 application and consider and pass orders on the

same. Pursuant to the directions issued by this Court, the

Panchayat has issued Ext.R3(a) order on 06.12.2021 whereby the

petitioner was informed that further action on his application

cannot be taken since he has not produced the documents directed WP(C) NO. 20085 OF 2021

to be produced as per Ext.P9. According to the counsel for the

Panchayat, the D&O licence is a licence which is issued for

starting the quarrying operation and such a licence can be granted

only after the petitioner complies with all the requirements.

3. After hearing the counsel for the petitioner and the

respondents, I am of the opinion that interest of justice will be

served if the writ petition is disposed with a direction to the 3 rd

respondent to issue a D&O licence to the petitioner, if he has

satisfied all requirements other than two conditions stated in

Ext.P9. However, it is made clear that the petitioner shall not start

the quarrying operation without obtaining the clearance from the

Standing Committee of the National Board for Wild Life and NOC

from the District Disaster Management Authority and submitting

the same before the 3rd respondent. The 1st respondent shall

through its officers ensure that this order is complied with.

Necessary orders shall be issued by the 3 rd respondent within

three weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE

sn WP(C) NO. 20085 OF 2021

APPENDIX OF WP(C) 20085/2021 PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 07/01/2017.

Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.1134/EC/SEIAA/KL/2017 DATED 17/03/2018.

Exhibit P3 A TRUE COPY OF THE CONSENT TO OPERATE/AUTHORIZATION /REGISTRATION NO.PCB/PLKD/ICO-732/7487391/2018 DATED 05/05/2018.

Exhibit P4 A TRUE COPY OF THE LICENSE FOR POSSESSION OF EXPLOSIVES ISSUED FROM THE OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM DATED 20/06/2018.

Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.5231 OF 2021 DATED 01/03/2021.

Exhibit P6 THE TRUE COPY OF THE APPLICATION FOR D & O LICENSE FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05/03/2021.

Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED FROM OFFICE OF THE 2ND RESPONDENT DATED 06/03/2021.

Exhibit P8 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29/03/2021.

Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 31/05/2021.

RESPONDENT'S EXHIBITS

EXHIBIT R3(A) TRUE COPY OF THE COMMUNICATION DATED 6.12.2021 ISSUED TO THE PETITIONER BY THIS RESPONDENT

EXHIBIT R3(B) TURE COPY OF THE COMMUNICATION DATED 31.5.2021

EXHIBIT R3(C) TRUE COPY OF THE COMMUNICATION DATED 28.6.2021

EXHIBIT R3(D) TRUE COPY OF THE COMMUNICATION VIDE SPEED POST DATED 16.12.2021

//TRUE COPY// PA TO JUDGE