Kerala High Court
Karakurissi Grama Panchayat vs Government Of Kerala on 2 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 5732 OF 2024
PETITIONER:
ENDEAVOUR SAND, AGED 53 YEARS
ARAPPARA, KARAKURUSSI POST MANNARKKAD,
PALAKKAD REPRESENTED BY ITS MANAGING PARTNER,
PIN - 678595
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 THE SECRETARY,
KARAKURUSSI GRAMA PANCHAYAT,
VAZHAMPURAM P.O PALAKKAD, PIN - 678595
2 THE KARAKURUSSI GRAMA PANCHAYAT,
VAZHAMPURAM P.O., PALAKKAD,
REPRESENTED BY ITS SECRETARY, PIN - 678595
SRI.C.M.NAZAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON26.07.2024, ALONG WITH WP(C).19673/2023, THE COURT ON
02.08.2024 DELIVERED THE FOLLOWING:
-2-
WP(C) Nos. 19673 of 2023 and 5732 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 19673 OF 2023
PETITIONERS:
1 KARAKURISSI GRAMA PANCHAYAT,
VAZHAMPURAM.P.O., PALAKKAD,
REPRESENTED BY ITS SECRETARY,
KARAKURISSI GRAMA PANCHAYAT,
VAZHAPURAM P.O.,
PALAKKAD,, PIN - 678595
2 THE SECRETARY,
KARAKURISSI GRAMA PANCHAYAT,
VAZHAMPURAM.P.O.,
PALAKKAD, PIN - 678595
BY SRI.C.M.NAZAR, SC
RESPONDENTS:
1 GOVERNMENT OF KERALA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF LOCAL SELF GOVERNMENT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE SECRETARY,
MINISTRY OF GROUNDWATER CONTROL AND REGULATION,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM,
PIN - 695001
3 ENDEAVOUR SAND,
ARAPPARA, KARAKURISSI.P.O.,
MANNARKKAD, PALAKKAD,
REPRESENTED BY ITS MANAGING PARTNER,
PIN - 678595
-3-
WP(C) Nos. 19673 of 2023 and 5732 of 2024
*4 THE DISTRICT OFFICER
GROUND WATER DEPARTMENT,
TOWN BUS STAND, PALAKKAD
*(IS SUO MOTU IMPLEADED AS ADDL.R4 AS PER ORDER
DATED 11/06/2024 IN WP(C).
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
NEENU BERNATH
BY SMT.PREETHA.K.K. SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FIANLLY HEARD
ON 26.07.2024, ALONG WITH WP(C).5732/2024, THE COURT ON
02.08.2024 DELIVERED THE FOLLOWING:
-4-
WP(C) Nos. 19673 of 2023 and 5732 of 2024
MOHAMMED NIAS C.P., J.
-----------------------------------------------
WP(C) Nos. 19673 of 2023 and 5732 of 2024
---------------------------------------------
Dated this the 2nd day of August, 2024
JUDGMENT
The petitioner in WP(C)No.5732 of 2024, intends to start an M
Sand Unit, in the property having an extent of 7.14 Ares in Resurvey
Nos.35/8A, 8B, 5, 36/3, 6 and 8 of the Karakurissi Village, Palakkad,
had constructed a building as per the approved plan and permit. The
petitioner claims to have obtained all the other licences and statutory
permission from the Pollution Control Board, from the Department of
Fire and Rescue Services and District Geologist. The issue involved in
this case is the grant of licence by the Panchayat. After a series of
litigation, finally, by Ext.P13 judgment dated 18.1.2023, the Tribunal
for Local Self Government Institutions set aside the decision of the
Panchayat Committee that rejected the licence to the petitioner. The
Panchayat was further directed to issue installation permit and D & O
licence to the appellants on producing the renewed permits and NOC
from the statutory authorities in case the validity had expired. These
WP(C) Nos. 19673 of 2023 and 5732 of 2024
directions were to be complied with within a month from the date of
the order. The petitioner in WP (C)No.5732/2024 accordingly prays
for directing the respondents to issue permission and to comply with
the directions in Ext.P13 order of the Tribunal.
2. WP(C)No.19673/2023 is filed by the Karakurissi Grama
Panchayat challenging the order of the Tribunal dated 18.1.2023,
Ext.P7 ( which is the same as Ext.P13 in the connected writ petition)
and also a prayer for directing the Secretary, Department of Ground
Water Control and Regulations to ensure availability of drinking
water to the residents in the local area of the Panchayat. The
Panchayat essentially contends that the quantity of water required
for running the manufacturing unit is not based on any study and
that using 97 Horsepower motor to press rubble to sand requires huge
consumption of water, which will lead to depletion of the water
sources affecting the people of the entire locality besides causing
depletion of the resources of the state. The Panchayat also points out
the threat of uncontrolled passing of the tipper and other lorries in
the area which is a heavily populated one.
3. In view of the contentions raised in these writ petitions, this
Court passed an interim order on 11.6.2024 after impleading the
District Officer, Ground Water Department, as an additional fourth
WP(C) Nos. 19673 of 2023 and 5732 of 2024
respondent and directing him to file a statement meeting the
allegations in the writ petition and also about the possibility of
extraction of ground water adversely affecting the neighbourhood
and a site inspection was also ordered with notice to the parties and a
report to be filed thereafter.
4. Pursuant to the directions as aforesaid, a report has been
filed by the District Officer, Ground Water Department following a
filed visit conducted on 20.6.2024, the relevant portion of which is
extracted hereunder:-
"Geologically the site is located at the upper slope and the top portion
of a denuded hillock. Here the area is sloping towards South West
direction. An abandoned quarry located here has an area of about 5
Acres. It has an average depth of about 12m. - filled with water (~25ft)
at present. The crusher unit (Lat.10.942435 Long. 76.487321) is located
about 4m due North from the Northern boundary of this quarry. It is
situated in a leased out land having an area of about 1.75 Acres of which
about 50 cents is part of the abandoned quarry. The plant proposes to
abstract water from this area.
The settlement with about 17 families is located downslope and about
150 m due South from the crusher-unit. The main source of the water
for the families is the tap connection provided by Keral Water
Authority (KWA). A public open well (Lat.10.93984] Long. 76.486211) is
located here and is about 150m due west from the quarry in question.
The well was not energized at the time of inspection. The residents of
WP(C) Nos. 19673 of 2023 and 5732 of 2024
the settlement told that they depend on this well for water during
summer when there were any shortage of water in KWA distribution.
This open well has a depth of 5.10m. with diameter of 2.22m. The static
water level at the time of inspection was 3m
Apart from this, three other open wefls are located in the private plots
in the adjoining area of the quarry. An open well located (Lat.10.941930
Long. 76.488512) is about 80m East from the quarry and has a depth of
15.40m with diameter of 2.60m. Its static water level was 8.20m.
Another open well is located 100m SE from the quarry (Lat10.940414
Lon. 76.494081) with a depth of 17m and diameter of 2m. Its static water
level was 9.20m at the time of inspection. An open well is situated about
84m South West (Lat. 10.940298 Long.76.486587) with total depth of 6m,
diameter 2m and static water level 4.20m.
The land area near the crusher unit is covered by Laterite to a depth of
3m. The rock exposed in the quarry is predominantly Charnockite
/Charmockite Gneiss. Major joints or fractures are not seen and the
rock is found to be massive. This massive nature aided in holding the
rain water within the quarry. Absence of such major fractures/joints in
the rock rule out the possibility of recharge.
As per the "Guidelines/Criteria for evaluation of proposals/requests for
groundwater abstraction in Kerala" (w.e.f. 15.04.2018) issued by State
Groundwater Authority, 'Crusher unit and Sand Manufacturing' falls
under the 'List of Water Intensive Industries' (Annexure V). Hence NOC
from State Ground Water Authority (Ground Water Department) is
mandatory for starting a crusher unit in the state. Ground Water
Department, District Office Palakkad has not received an application for
WP(C) Nos. 19673 of 2023 and 5732 of 2024
NOC from M/s Endeavour Sand, Arappara, Karakurissi P.O., Mannarkad,
Palakkad till date. "
5. A reading of the above shows that there is an abandoned
quarry located in an area of about 5 Acres which also has an average
depth of about 12 m filled with water (25 feet at present) and the
crusher unit is located about 4 meters north from the northern
boundary of this quarry and that the plant proposes to abstract water
from this area. The report also shows that there is a settlement of
about 17 families located down-slope whose main source of water is
tap connection from the Kerala Water Authority and the Public Open
Well. Three other open wells were also noticed in the locality.
6. The learned counsel for the petitioner in WP(C)No.5732/2024
submits that the unit does not propose to abstract water from the
wells and all that they will use is the stagnant water filled in the
abandoned quarry as noticed above. The report speaks about the
guidelines/criteria for evaluation of proposals/requests for
groundwater abstraction in Kerala issued by the State Groundwater
Authority which also includes the crusher and the sand
manufacturing units in the list of water-intensive industries and
therefore an NOC from the State Ground Water Authority is
WP(C) Nos. 19673 of 2023 and 5732 of 2024
mandatory. As stated above, the learned counsel for the petitioner
submits that he is not intending to abstract any groundwater nor use
the wells mentioned in the report.
7. It is to be noted that the Kerala Ground Water (Control and
Regulations) Act, 2002, is an Act providing for the conservation of
ground water and for the regulation and control of its extraction and
use in Kerala. 'Ground Water' is defined as the water which exists
below the surface of the ground at any location or at any location or
at any particular category of locations and the 'user of groundwater'
means any person using ground water from a pumping well for any
purpose including domestic purposes. 'Digging' is also defined as
digging or drilling of new wells, putting in pipes or drilling making
tunnels or increasing depth or diameter of the existing wells.
8. Learned counsel for the petitioner therefore submits that
since there is no abstraction/extraction in the instant case and is only
intending to use the water stagnated in the quarry, the above Act or
guidelines have no application. This is recorded. Accordingly, the
provisions of the Act noticed above may not strictly apply to the
petitioner in the nature of the proposed activity. However, it is made
clear that in case the petitioner intends to use ground water in any
form, the Kerala Ground Water (Control and Regulation) Act, 20020,
WP(C) Nos. 19673 of 2023 and 5732 of 2024
will apply along with the guidelines/ criteria for evaluation of
proposals/requests of groundwater abstraction in Kerala issued by
the Ground Water Department applicable from 15.4.2018. Though the
petitioner submits that the guidelines are contrary to the statutory
provisions, I did not notice any violation of the statutory provision in
the guidelines. However, I am not finally pronouncing on the same as
there is no challenge to the guidelines or the applicability of the same
in the factual context of the case. As regards WP(C)No.19673/2023
filed by Panchayat no further directions are required in view of the
undertaking given by the petitioner in WP(C)No.5732/2024.
Accordingly, the writ petitions are disposed of as follows:
The order passed by the Tribunal dated 18.1.2023, which is
(Ext.P13 in WP(C)No.5732/2024 and Ext P7 WP(C)No.19673/2023)
is to be implemented within a further period of three weeks from
today. The challenge to the same made in WP(C)No.19673/2023 is
rejected. However, it will be open to the Karakurissi Grama
Panchayat, the petitioner in WP(C)No.19673/2023 to intimate the
additional fourth respondent, District officer, Ground Water
Department in case they notice any violation of the undertaking
given by the petitioner in WP(C)No.5732/2024 and take
appropriate steps after getting a report from additional R4, if any
WP(C) Nos. 19673 of 2023 and 5732 of 2024
illegal activity is carried on by the Unit. It is made clear that if
the petitioner in WP(C)No.5732/2024 intends to abstract/extract
ground water, it will have to make necessary applications in
terms of the Kerala Ground Water (Control and Regulation) Act,
2002 and guidelines/ criteria for evaluation of proposals/request
of groundwater abstraction in Kerala.
Writ petitions are disposed of as above.
Sd/- MOHAMMED NIAS C.P.
JUDGE
dlk/27.7.2024
WP(C) Nos. 19673 of 2023 and 5732 of 2024
APPENDIX OF WP(C) 19673/2023
PETITIONERS EXHIBITS
EXHIBIT P1 A PHOTOCOPY OF THE APPLICATION DATED
21/01/2021 SUBMITTED BY THE 3RD RESPONDENT.
EXHIBIT P2 A COPY OF THE STATEMENT DATED 12/04/2022
SHOWING THE DIVISION OF HORSEPOWER TO BE
USED IN THE FACTORY PREMISES OF THE 3RD
RESPONDENT.
EXHIBIT P3 A PHOTOCOPY OF MASS REPRESENTATION DATED
02-03-2021 SUBMITTED BY THE PEOPLE OF THE
LOCALITY.
EXHIBIT P4 A PHOTOCOPY OF THE ORDER OF THE TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS
DATED 06-07-2022.
EXHIBIT P5 A PHOTOCOPY OF THE ORDER DATED 08-08-2022
ISSUED BY THE FIRST RESPONDENT TO THE
PETITIONER.
EXHIBIT P6 A PHOTOCOPY OF THE DECISION TO REJECT
EXHIBIT P1 APPLICATION VIDE DECISION DATED
29-07-2022 ALONG WITH THE COMMUNICATION
DATED 30-07-2022.
EXHIBIT P7 A PHOTOCOPY OF THE ORDER DATED 18-01-2023
IN APPEAL NO. 530/2022 OF THE TRIBUNAL FOR
LOCAL SELF GOVERNMENT INSTITUTIONS.
RESPONDENTS EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE APPLICATION SUBMITTED BY
THIS RESPONDENT DATED 03/10/2023 TO THE
PETITIONER
EXHIBIT R3(B) TRUE COPY OF THE COMMUNICATION ISSUED BY
THE PETITIONER DATED 10/10/2023 TO THIS
RESPONDENT
EXHIBIT R3(C) TRUE COPY OF THE AERIAL PICTURES OF THE
ABANDONED QUARRY FILLED WITH WATER
WP(C) Nos. 19673 of 2023 and 5732 of 2024
APPENDIX OF WP(C) 5732/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
CONSENT TO ESTABLISH ISSUED BY THE
POLLUTION CONTROL BOARD, DATED 14-5-
EXHIBIT P2 TRUE COPY OF THE NOC ISSUED BY THE
DEPARTMENT OF FIRE AND RESCUE
SERVICES, DATED 30-12-2021
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE DISTRICT
GEOLOGIST UNDER RULES, 2015, DATED 29-
11-2021
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE
PANCHAYAT BEARING NO.21/1, DATED
07/02/2022
EXHIBIT P5 TRUE COPY OF THE DECISION DATED
21/02/2022,
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER PASSED
BY THE TRIBUNAL DATED 04/04/2022 IN
I.A NO.496/2022 IN APPEAL NO.222/2022
AND ITS TYPED COPY
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE
GOVERNMENT DATED 19/03/2022
EXHIBIT P8 TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE POLLUTION CONTROL BOARD,
DATED 01/10/2021 VALID UPTO 31/03/2024
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER UNDER SEC.232 READ
WITH RULES 5 AND 6 OF RULES 1996,
DT.11-4-2022
EXHIBIT P9(A) TRUE COPY OF THE RECEIPT ISSUED BY THE
PANCHAYAT ACKNOWLEDGING RECEIPT OF
APPLICATION ON 12-4-2022
WP(C) Nos. 19673 of 2023 and 5732 of 2024
EXHIBIT P10 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN W.P.(C)
NO.16216/2022 DATED 1-6-2022
EXHIBIT P11 TRUE COPY OF THE COMMON ORDER PASSED
BY THE TRIBUNAL ON 6-7-2022
EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS OF THE 2
ND RESPONDENT DATED 29-7-2022
EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE
TRIBUNAL DATED 18-1-2023 IN APPEAL
EXHIBIT P13(A) TRUE COPY OF THE RENEWED NOC ISSUED BY
THE FIRE & RESCUE SERVICES DATED 20-3-
EXHIBIT P13(B) TRUE COPY OF THE RENEWED REGISTRATION
CERTIFICATE ISSUED BY THE DEPARTMENT
OF MINING & GEOLOGY DATED 22-5-2023
EXHIBIT P14 TRUE COPY OF THE REQUEST DATED 3-10-
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED
10-10-2023
