E.Yohannan vs Union Of India
2023 Latest Caselaw 6141 Ker

Citation : 2023 Latest Caselaw 6141 Ker
Judgement Date : 12 June, 2023

Kerala High Court

E.Yohannan vs Union Of India on 12 June, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI
                                    &
                THE HONOURABLE MR.JUSTICE BASANT BALAJI
         MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                          WP(C) NO. 3343 OF 2014

PETITIONER/S:


     1      E.YOHANNAN
            AGED 46 YEARS
            S/O.EDWIN, VLAKATHU HOUSE, KARITHURA, CHAVARA PO KOLLAM
            DISTRICT

     2      E. DAVID, S/O.ELIYAS
            AGED 65 YEARS
            THYKOOTATHIL HOUSE, KARITHURA, CHAVARA PO,
            KOLLAM DISTRICT.

            BY ADV SRI.V.PHILIP MATHEW



RESPONDENT/S:


     1      UNION OF INDIA
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ATOMIC ENERGY,
            ANUSAKTHI BHAVAN, CHATRAPATHI SHIVAJI MAHARAJ MARG,
            MUMBAI-400 001.

     2      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING AND GE-
            OLOGY, KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPU-
            RAM-695 001

     3      DISTRICT COLLECTOR
            OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE KOLLAM-691
            001.

     4      REVENUE DIVISIONAL OFFICER
            KOLLAM - 691 001
                                     -2-
WP(C) No.3343/2014




     5      GEOLOGIST KOLLAM DISTRICT-691 001.

     6      INDIAN RARE EARTHS LIMITED
            CHAVARA, KOLLAM DISTRICT-691 583, REPRESENTED BY ITS CHAIR-
            MAN & MANAGING DIRECTOR.

     7      HEAD INDIAN RARE EARTHS LIMITED
            CHAVARA,KOLLAM DISTRICT-691 583.

     8      COASTAL ZONE MANAGEMENT AUTHORITY
            SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004 REP-
            RESENTED BY ITS CHAIRMAN.

     9      SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS
            PARYAVARAN BHAVAN, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI-
            110 003.

            BY ADVS.
            SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
            GOVERNMENT PLEADER
            SRI.P.BENNY THOMAS
            SRI.M.GOPIKRISHNAN NAMBIAR
            SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA
            SHRI.P.VIJAYAKUMAR, ASG OF INDIA
            SRI.K.JOHN MATHAI
            SRI.P.BENNY THOMAS
            SRI Prakash M P
            SRI SUVIN R MENON; SRI TK VIPIN DAS, SR. GP



OTHER PRESENT:

            NAYANPILLY RAMOLA - R6,R7

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         -3-
WP(C) No.3343/2014




                                JUDGMENT

S.V.N. Bhatti, C.J.

We have heard Adv. V. Philip Mathews for petitioners and Adv.

Nayanpally Ramola for respondents 6 and 7.

2. Petitioners pray for the following reliefs:

"i) Issue a writ of mandamus or other appropriate writ or order commanding respondents 1 to 5, 8 and 9 to ensure that mining and other activities of the 6 th respondent are carried out in Karithura, Chavara Panchayat Kollam District without violating the distance rule mentioned in Kerala Minor Mineral Concession Rules, 1967 and after obtaining clearances and permissions from respondents 8 and

ii) Issue a writ of mandamus or other appropriate writ or order commanding respondents 1 to 5 to take effective steps to prevent danger or damage to the houses and properties of the petitioners and others in Chavara Panchayat due to the mining other activities of the 6th respondent.

iii) Issue a writ of mandamus or other appropriate writ or order directing the 6 respondent not to carry out mining activities in the properties situated in Karithura, Chavara, Kollam District violating the Coastal Regulation Notification, 2011 and without obtaining permission or clearance from Ministry of Environment and Forest.

iv) Issue a writ of mandamus or other appropriate writ or order directing respondents 3 to 5 see that no mining activities is carried out by the 6th respondent within 50 metres from the residential building of petitioners and others residents who are residing in Karithura, Chavara, Kollam District.

v) Issue a writ of mandamus or other appropriate writ or order directing respondents 3 to 5 not to permit the

WP(C) No.3343/2014

6th respondent to carry out mining activities in Karithura, Kollam District violating the Coastal Regulation Notification, 2011 and without obtaining permission or clearance from Ministry of Environment and Forest.

vi) Issue a writ of mandamus or other appropriate writ or order directing respondents 3 and 4 to take appropriate action on Exhibit P4 within the time limit to be specified by this Hon'ble Court.

vii) Mould and grand such other reliefs which this Hon'ble Court deems just and necessary and that may be prayed for by the Petitioner while hearing the W.P."

3. Adv. V. Philip Mathews argues on the prayers as made

but alternatively also argues that Ext.P4 representation can be

directed to be considered by the District Collector/3rd respondent.

4. Adv. Ramola appearing for respondents 6 and 7, informs

the Court that the subsequent developments in the matter

substantially render any of the prayers ineffective either before this

Court or before the District Collector, and it has always been open

for any aggrieved party to challenge the orders issued in favour of

the respondents 6 and 7.

5. We refer to the submissions made at the Bar, and for the

view we are taking for disposing of the writ petition, we are

refraining from adverting to the details or merits urged by the