Kerala High Court
Brick Manufactures Association vs State Of Kerala on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 31292 OF 2015
PETITIONER:
BRICK MANUFACTURES ASSOCIATION
(REG.NO.202/09),PANAMARAM,
WAYANAD-670721,
REPRESENTED BY ITS PRESIDENT,
P.K.SUDHAKARAN,RESIDING AT SREESUDHAPADMAM,
KOTTANNAD.P.O,MEPPADI,WAYANAD-673577.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT
OF KERALA,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR
WAYANAD,CIVIL STATION,KALPETTA-673121.
3 THE GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,DISTRICT OFFICE,
MEENANGADI-673591.
BY ADVS.
SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.31292/2015
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.31292 of 2015
----------------------------------------------
Dated this the 04th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. issue a writ of mandamus or any other
appropriate writ, direction or order directing
respondents 2 and 3 not to proceed against the
members of the petitioner association before
passing orders on the applications for No
objection certificate as per Exhibit P-4 judgment:
ii. issue a writ of mandamus or any other
appropriate writ, direction or order directing
respondents 2 and 3 to issue necessary No
Objection Certificates and permit for excavation
of clay in accordance with law,
iii. issue a writ of mandamus or any other
appropriate writ, direction or order directing the
2nd respondent to take up and consider Exhibit P-
10 and P-11 in accordance with law with an
opportunity of hearing to the petitioner.
iv. issue such other writ direction or order as this
Honorable Court deems just and proper in the
circumstances of the case.
(SIC)
2. The main prayer in this writ petition is to issue
direction to respondents 2 and 3 not to proceed against the
members of the petitioner association before passing orders on the
applications for No objection certificate as per Ext.P4 judgment .
This writ petition is pending before this Court from 2015
onwards. When this writ petition came up for consideration
on 13.11.2015, this Court directed respondents 2 and 3 not to
proceed against the members of the petitioner association for
recovering penalty towards excavation of clay, during the
pendency of this writ petition. The limited prayer of the
petitioner is to keep in abeyance further proceedings till final
orders are passed as directed in Ext.P4 judgment. The
Government Pleader takes me through the counter affidavit
filed by the 3rd respondent. It will be better to extract the
relevant portion of the counter affidavit:
"4. This office considered the Hon'ble High Court
judgment and assessed the quantity of clay already
collected at the worksite and issued necessary
licence after collecting royalty and fine from the
manufactures of bricks based on their application
to fulfill the judgment. It is humbly requested that
the District Level Expert Committee considered the
applications and passed appropriate orders.
5. As per the order from the Hon'ble High Court
this office inspected 60 brick kiln belonging to the
members of Manufacturers Association and give
directions to them, to submit application to use
their clay already collected by them to manufacture
bricks. This office got 12 applications and based on
rules issued licence to them. Demand notices were
issued for those who stocked clay unauthorisedly.
One should obtain Dealers Licence for stocking any
minor mineral as per Rule 48A, Kerala Minor
Mineral Concession Rule 1967. It is necessary to
obtain Environmental Clearance for the excavation
of ordinary clay. No quarrying permits have been
issued to quarry clay minerals in Wayanad District."
3. A perusal of the same would show that the 3 rd
respondent considered Ext.P4 and assessed the quantity of
clay already collected at the worksite and issued necessary
licence after collecting royalty and fine from the
manufactures of bricks based on their application to fulfill the
judgment. It is also submitted that the District Level Expert
Committee considered the applications and passed
appropriate orders. If that be the case, nothing survives in
this case.
This writ petition is closed. If the petitioner is aggrieved
by any of the orders passed by the authorities, they are free to
challenge the same if they have authority to do the same.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 31292/2015
PETITIONER EXHIBITS
P1 TRUE COPY OF LIST OF THE MEMBERS OF
THE PETITIONER ASSOCIATION
P2 TRUE COPY OF INTERIM ORDER DATED
18.3.2014 IN WP(C)NO.7464/2014
P3 TRUE COPY OF GOVERNMENT ORDER
GO(MS)NO.02/14/ENVT.DATED 21/2/2014
P4 TRUE COPY OF THE COMMON JUDGMENT
DTED 15/1/2015 IN
WP(C()NOS.12190/2011,7464 AND
P5 TRUE COPY OF MINUTES OF MEETING
CONDUCTED BY THE EXPERT COMMITTEE ON
6/11/2014
P6 TRUE COPY OF THE NOTICE DDATED
18/8/2015 ISSUED TO 2ND AND 3RD
RESPONDENTS
P7 TRUE FOPY OF PROCEEDINGS NO.L9-
2014/9374/12 DATED 22/8/2015
P8 TRUE COPY OF LIST CONTAINING THE
NAMES OF MEMBERS OF THE PETITIONER
ASSOCIATION AND DETAILS OF THE DEMANDS
MADE FROM THEM TOWARDS PENALET.
P9 TRUE COPY OF THE DEMAND NOTICE
DATED 30/7/2015 ISSUED TO SRI.ANNAN,A
MEMBER OF THE PETITIONER ASSOCIATION
P10 TRUE COPY OF REPRESENTATION DATED
12/9/2015 FROM THE PETITIONER TO THE
2ND RESPONDENT
P11 TRUE COPY OF REPRESENTATION DATED
21/9/2015 FROM THE PETITIONER TO THE
2ND RESPONDENT.
