Kerala High Court
M/S. Alankar Granites vs Thiruvilwamala Grama Panchayat on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
WA NO. 1482 OF 2023
AGAINST JUDGMENT DATED 27/06/2023 IN WP(C) 23244/2022 OF THIS COURT
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APPELLANT/PETITIONER:
M/S. ALANKAR GRANITES, V.P XII/373-B, PONJASSERY P.O., VENGOLA,
ERNAKULAM DISTRICT, PIN - 683547 . REPRESENTED BY ITS MANAGING
PARTNER, K.A. JALALUDHEEN.
BY SENIOR ADVOCATE SRI. P.K.SURESH KUMAR AND
ADVS.M/S. K.P.SUDHEER & VARNA MANOJ
RESPONDENTS/RESPONDENTS:
1. THIRUVILWAMALA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
THIRUVILWAMALA, THRISSUR, PIN - 680588.
2. THE SECRETARY, THIRUVILWAMALA GRAMA PANCHAYAT, THIRUVILWAMALA,
THRISSUR, PIN - 680588.
3. THE WILD LIFE WARDEN, VAZHANI WILD LIFE SANCTUARY, PEECHI, PIN -
680653.
4. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR
DISTRICT - 680020 .
BY STANDING COUNSEL SRI.R.RAJPRADEEP FOR R1 & R2
SPECIAL GOVERNMENT PLEADER FOR R3 & R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings on the basis of Exhibits P8 and P9 orders
and related orders, if any, till the disposal of the above Writ Appeal.
This Writ Appeal coming on for admission on 23/08/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P8:TRUE COPY OF THE STOP MEMO NO.SC2-1325/22
DATED 24-06-2022 ISSUED BY THE 2ND RESPONDENT.
EXT.P9: TRUE COPY OF THE NOTICE NO.PC1-806/2022
DATED 05/07/2022 ISSUED BY THE 3RD RESPONDENT.
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A.J. Desai, C.J.
&
V.G. Arun, J.
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W.A.No.1482 of 2023
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Dated this the 23rd day of August 2023
ORDER
A.J. Desai, C.J.
Admit. Mr. R. Rajpradeep, learned standing counsel takes
notice for respondents 1 and 2. Learned Special Government
Pleader takes notice for respondents 3 and 4.
2. Learned Senior Counsel appearing for the appellant
would submit that the land, which is being used for conducting
the crusher unit, is situated at a distance of 1.6 kms from the
boundary of the eco-sensitive zone. He would submit that, even
as per the notification issued by the Ministry of Environment,
Forest and Climate Change dated 25.11.2023, prescribing the
boundaries of the eco-sensitive zone, the land, where the present
activity is going on, is situated beyond 100 metres. In support of
the said submission, he has produced the google map showing
W.A.No.1482 of 2023
the distance.
3. On the other hand, the learned Special Government
Pleader appearing for the Forest Department would submit,
based on the decision of the Hon'ble Apex Court in T.N.
Godavarman Thirumulpad v. Union of India [2023 (3) KLT 144
(SC)], that the limits of the extended boundary is 1 km and,
therefore, the appellant cannot carry out such activities.
4. We have gone through the document produced by the
learned Special Government Pleader. The respondent State
authority does not produce any document suggesting that the
land is within 100 metres or any area covered by the notification
dated 25.11.2023. No document was produced to show that the
land is even otherwise situated at a distance of 1 km. Based on
this aspect, the learned single Judge had granted interim relief
and permitted the appellant to carry out the activity.
Hence, we are of the opinion that the appellant shall be
permitted to continue the present activities in accordance with
W.A.No.1482 of 2023
law and the terms and conditions of the licence granted by the
authority.
Sd/-
A.J. Desai
Chief Justice
Sd/-
V.G. Arun
Judge
vpv
23-08-2023 /True Copy/ Assistant Registrar
