Kerala High Court
Gopalakrishnan T vs The Kerala State Enviornmental ... on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 10841 OF 2022
PETITIONER/S:
1 GOPALAKRISHNAN T.,
AGED 51 YEARS
S/O. THANKAPPAN ACAHRI, RESIDING AT CHARUVILA
PUTHEN VEEDU, MAKKANNUR KUNNIKODU P.O., 691 508.
2 VISHNU G NATH,
S/O. GOPINATHAN P., RESIDING AT KARTHIKA,
MAKKANNOOR, KUNNIKODU P.O., 691 508
3 JACOB T.J.,
S/O.T.T. JOSEPH, RESIDING AT THATTAPARAMI,
MAKKANNOOR, KUNNIKODU P.O., 691 508.
BY ADV R.RAJASEKHARAN PILLAI
RESPONDENT/S:
1 THE KERALA STATE ENVIORNMENTAL IMPACT ASSESSMENT
AUTHORITY,
THIRUVANANTHAPURAM , REPRESENTED BY ITS
ADMINISTRATOR 695001.
2 THE ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, KOLLAM 691 001.
3 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY , DISTRICT
OFFICE, KOLLAM 691 001.
4 THE DISTRICT COLLECTOR ,
KOLLAM 691 001.
5 THE VILAKUDI GRAMA PANCHAYATH ,
KUNNIKODU P.O., KOLLAM REPRESENTED BY ITS
SECRETARY 691 001.
6 B. SUNDARAN ,
S/O. BALAKRISHNAN, RESIDING AT CHAITHANYA ,
VALLOM, NEDUVATHOOR, KOLLAM 691 506.
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W.P.(C). No. 10841 of 2022
BY ADVS.
GEORGEKUTTY MATHEW
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
SUZANNE KURIAN
CIMIL CHERIAN KOTTALIL
LEO LUKOSE
OTHER PRESENT:
SRI.T.NAVEEN, SC, SMT.VIDYA KURIAKOSE, GP,
SRI.M.P.SREEKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 10841 of 2022
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No.10841 of 2022
=============================================================
Dated this the 7th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"i. Issue a writ of mandamus or other appropriate writ
order or direction commanding the respondents to
interdict the 6th respondent from operating the quarry
beyond the area granted by the 3rd respondent.
ii.Issue a writ of mandamus or other appropriate writ
order or direction commanding the 6th respondent from
operating the crusher unit except with the proper
consent and license from the appropriate authorities.
iii. Issue a writ of mandamus or other appropriate writ
order or direction commanding the respondents 1 to 5
not to renew the license and permit in favour of the 5th
respondent except with notice to the petitioners and
after hearing them.
iv. Issue such other writ, order or direction as this
Hon'ble Court may deem fit and proper to meet the
ends of justice.
And
v. Award costs to petitioner." (sic)
W.P.(C). No. 10841 of 2022
2. When this writ petition came up for consideration on
26.05.022, this Court passed the following order:
"The petitioner has filed IA No.2 of 2022 seeking to
produce Ext.P9 and P10 as additional documents and
I.A.1 of 2022 seeking a direction to the 6th respondent
to stop all construction activities and mining operation
and excavation in the quarry, pending disposal of the
writ petition. I.A.No.2 of 2022 is allowed.
Even though I am not inclined to pass an order as
sought for in 1.A.No.1 of 2022, there will be a direction
to the 5th respondent to ensure that Ext.P9 whereby the
Panchayat has resolved to cancel the permit issued to
the 6th respondent and to take consequential steps to
stop the activities, shall be given effect to, unless it is
modified by a later resolution. The 5th respondent can
request the help of concerned Police Authority if
necessary for implementation of the decision."
3. Subsequently as per judgment dated 14.06.2022 in
WP(C) No.18101 of 2022, this Court directed the Panchayat to
consider the renewal application after hearing the petitioner in
this case also. It will be better to extract the relevant portion of
the judgment dated 14.06.2022 here:
W.P.(C). No. 10841 of 2022
"4. The counsel appearing for the petitioner reiterated
his contentions in the writ petition. On the other hand,
the counsel for the Panchayat takes me through Ext.P7
order dated 26.05.2022 in I.A.No.1/2022 in W.P.(C)
No.10841/2022, passed by this Court. The counsel
submitted that, if the petitioner wants any modification
of resolution, they are free to approach the Panchayat
with a representation and the same will be considered in
accordance to law. In the light of the above submission,
I think this writ petition can be disposed of allowing the
petitioner to submit a representation to modify Exts.P3
and P6 and there can be a direction to the Panchayat to
consider the same, within a time frame. The petitioners
in W.P. (C) No.10841/2022 also should be heard before
passing final order.
Therefore this writ petition is disposed of in the
following manner:
i. The petitioner is free to file a representation for
modification of Exts. P3 and P6, within a period
of three days from the date of receipt of a copy of
this judgment.
ii. Once such a representation is received, the 2nd
respondent will consider the same and pass
appropriate orders in it, in the light of Ext.P5, as
expeditiously as possible, at any rate, within a
period of two weeks from the date of receipt of the
representation.
W.P.(C). No. 10841 of 2022
iii. Before passing final order, opportunity of
hearing should be given to the petitioner in this
writ petition and the petitioners in W.P.(C)No.
10841/2022.
4. In the light of the same, this writ petition can be
closed recording the order dated 26.05.2022 passed in this case.
Therefore, recording the order dated 26.05.2022, this writ
petition is closed. All the contentions raised by the petitioner in
this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 10841 of 2022
APPENDIX OF WP(C) 10841/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE DATED
7.8.2020 ISSUED TO THE 6TH RESPONDENT
BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED
21.3.20218 OF THE 3RD RESPONDENT TO
THE 6TH RESPONDENT.
Exhibit P2 (A) TRUE COPY OF THE PERMIT DATED 9.2.2022
ISSUED BY THE 3RD RESPONDENT IN FAVOR
OF THE 6TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE NEWS ITEM REGARDING
THE TRANSPORTATION OF RUBBLE.
Exhibit P4 TRUE COPY OF THE NEWS ITEM REGARDING
THE OBJECTION OF THE PEOPLE OF THE
LOCALITY.
Exhibit P5 TRUE COPY OF THE NEWS ITEM REGARDING
THE 5TH RESPONDENT S RECONSIDERATION
OF LICENSE.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
16.2.2022 SUBMITTED BY THE WARD NUMBER
BEFORE THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS AND
OTHERS BEFORE THE PANCHAYAT COMMITTEE.
Exhibit P8 TRUE COPY OF THE RECEIPT DATED
2.3.2022 ACCEPTING THE COMPLAINTS OF
THE PETITIONERS AND OTHERS.
Exhibit P9 TRUE COPY OF THE RESOLUTION PASSED BY
VILAKKUDI GRAMA PANCHAYATH
Exhibit P10 TRUE COPY OF THE STOP MEMO DATED
05/05/2022 TO THE 6TH RESPONDENT
RESPONDENT EXHIBITS
Exhibit R6 A TRUE COPY OF THE QUARRYING PERMIT
DATED 9/2/2022 VALID TILL 31/03/2022
ISSUED BY THE 3RD RESPONDENT.
W.P.(C). No. 10841 of 2022
Exhibit R6 B TRUE COPY OF THE CONSENT TO OPERATE
DTD.26/6/2020 VALID TILL 18/03/2023
ISSUED BY THE 2ND RESPONDENT.
Exhibit R6 C TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE CERTIFICATE DATED 19/3/2020
VALID TILL 18/03/2023 ISSUED BY THE
1ST RESPONDENT.
Exhibit R6 D TRUE COPY OF THE EXPLOSIVE LICENSE
VALID TILL 31/03/2027
Exhibit R6 E TRUE COPY OF THE TRADE LICENSE DATED
7/8/2020 VILID TILL 31/03/2023 ISSUED
BY THE 5TH RESPONDENT.
Exhibit R6 F TRUE COPY OF THE ORDER DATED 5/5/2022
BEARING NO.B2/4531/20 ISSUED BY THE
5TH RESPONDENT.
Exhibit R6 G TRUE COPY OF THE JUDGMENT DATED
13/05/2022 IN WPC NO.14813/2022 ON THE
FILES OF THIS HON'BLE COURT
Exhibit R6 H TRUE COPY OF THE QUARRYING PERMIT
DATED 23/5/2022 VALID UPTO 18/03/2023
ISSUED BY THE 3RD RESPONDENT.
Exhibit R6 I TRUE COPY OF THE ORDER DATED 1/6/2022
BEARING NO.B2/4531/20 ISSUED BY THE
5TH RESPONDENT.
