Kerala High Court
Sijo Tharakan vs The State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 11052 OF 2014
PETITIONER:
SIJO THARAKAN
THARAKAN HOUSE, PANNISSERI P.O., KOONAMOOCHI, THRISSUR.
BY ADV. SRI.T.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, THRISSUR - 680001.
3 THE REVENUE DIVISIONAL OFFICER
CIVIL STATION, THRISSUR- 680001.
4 THE SENIOR GEOLOGIST
DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY,
MINI CIVIL STATION, CHEMBUKAVU, THRISSUR - 20
5 ADDITIONAL THAHASILDAR
THALAPPILLY, THRISSUR - 680001.
6 KANDANASSERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KANDANASSERY GRAMA
PANCHAYATH OFFICE, P.O.MATTOM, THRISSUR - 680 602.
7 THE CIRCLE INSPECTOR OF POLICE
GURUVAYOOR POLICE STATION, GURUVAYOOR,
THRISSUR- 680001.
8 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, 6TH FLOOR, SUN TOWER, EAST FORT P.O.,
THRISSUR - 680 005.
9 JOHNSON C.O.
CHIRAYATH VEEDU, MATTOM P.O., THRISSUR - 680 602.
WP(C) NO. 11052 OF 2014
2
10 SIMSON C.D.
CHOVALLOOR VEEDU, MATTOM P.O.,
THRISSUR - 680 602.
11 RAGHAVAN P.P.
PULLANIPARAMBATH VEEDU, NAMBAZHIKADU, MATTOM
P.O., THRISSUR - 680 602.
12 ANIL C.G.
CHOONDAPURAKKAL VEEDU, CHEMMANNOOR P.O.,
THRISSUR - 680 602.
13 JOJU T.A.
THARAKAN HOUSE, KOONAMUCHI, THRISSUR,
THRISSUR - 680 602.
14 ADDL.R14.JOSHY MELAYIL T.A.
THARAKAN HOUSE, KOONAMMUCHI P.O., THRISSUR,
PIN-680504.
15 ADDL.R15.JOBY T.A.
THARAKAN HOUSE, KOONAMMUCHI P.O., THRISSUR,
PIN-680504. * ARE IMPLEADED AS PER ORDER
DATED 14.01.2015 IN I.A.NO.16040/2014.
16 ADDL.R16.SRI.P.D.DIDEESH
PULLANIPARAMBATH VEEDU, ELAVALLY, THRISSUR.
17 ADDL.R17.SRI.FREDDY E.YONNI
CHIRAMEL PADINJARATHALA VEEDU, CHEMUKKAVU,
THRISSUR.
18 ADDL.R18.EXECUTIVE ENGINEER
IRRIGATION DIVISION, THRISSUR.
19 ADDL.R19.
SUB INSPECTOR OF POLICE, PAVARATTY. * ARE
IMPLEADED AS PER ORDER DATED 23.02.2016 IN
I.A.NO.1974/2016.
20 ADDL.R20.SMT.MARGARET MANI
KAKKASSERY HOUSE, P.O. VAKA, ELAVALLY,
WP(C) NO. 11052 OF 2014
3
THRISSUR -680511
21 ADDL.R21. ELAVALLY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, ELAVALLY GRAMA
PANCHAYATH OFFICE, THRISSUR, PIN-680511. *
ARE IMPLEADED AS ADDL.R20 & ADDL.R21 AS PER
ORDER DATED 27.11.2023 IN I.A.NO.1/23.
BY ADVS.
SRI.DEEPU THANKAN
T.RAJASEKHARAN NAIR
GANGESH K B
G.KRISHNAKUMAR
SMT.O.A.NURIYA
SRI.T.M.RAMAN KARTHA
SRI. T.NAVEEN, SC, KERALA STATE POLLUTION
CONTROL BOARD
SRI. BIJOY CHANDRAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 11052 OF 2014
4
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 11052 of 2014
----------------------------------------------
Dated this the 06th day of February, 2024
JUDGMENT
The above Writ petition is filed with the following
prayers:
"I. To issue a writ of mandamus or other
appropriate writ or order or direction, directing the
respondents 1 to 8 to take immediate steps to stop the
illegal and unauthorized mining of red soil, ordinary
earth, laterite stone and quarrying operations in the
area of Kandanseery and Choondal Panchayat with
immediate effect.
II. To issue a writ of mandamus or other
appropriate writ or order or direction, directing the 2 nd
respondent to submit a report before this Honorable
Court with regards to the fact that if any consent or
any permit has been given by the competent
authorities to the respondents 9 to 13 for mining and
quarrying operations being done by them in that area.
III. To issue a writ of mandamus or other
appropriate writ or order or direction, directing the
respondents 1 to 8 to take immediate prosecution
WP(C) NO. 11052 OF 2014
steps as against the respondents 9 to 13 in accordance
with the penal law for their illegal and unauthorized
mining and quarrying activities and it causes huge loss
to the Government.
IV. Issue such other orders or direction as this
Honorable Court may think fit and proper in the
circumstances of the case."
2. Petitioner is a permanent resident under the
6th respondent panchayath and according to him he is a
social activist and working as the secretary of public-
spirited social and cultural organization, namely
"FRIENDS Samskarika Kalasamithy", Pannisseri,
Koonamuchi in Thrissur District. The case of the
petitioner is that, respondents 9 to 13 are the "Land
Mafia" in that area and they are engaging in to the
illegal and unauthorized quarrying operation of laterite
stone and large scale extraction of red soil, Ordinary
earth in the area of Kizhakkepannisseri in Aaloor
Village under the 6th respondent Panchayath. According
to the petitioner, he and large number of people in that
WP(C) NO. 11052 OF 2014
area are facing threat to the life and peaceful living,
pollution in air and dust, environmental hazards,
scarcity of drinking water and ecological imbalance etc.
due to the above illegal activities of respondents 9 to
13. Hence this Writ petition is filed.
3. Heard the learned counsel appearing for the
petitioner, the learned counsel appearing for the
contesting respondents and the learned Government
Pleader.
4. When this Writ petition came up for
consideration on 11.04.2014, this Court passed an
interim order directing the respondents 1 to 8 to take
immediate steps to stop illegal and unauthorized
mining of red soil, laterite stone, ordinary earth and
quarrying operations in the area of Kandanseery and
Choondal Panchayat with immediate effect. Thereafter,
on 08.08.2014, the above interim order was modified
in the following manner:
WP(C) NO. 11052 OF 2014
"It is made clear that if respondent No.12 is in
possession of valid licence and permit, he is entitled to
continue with the mining activities as permitted under
the permit and licence. Interim order dated
11.04.2014 modified to that extent."
5. Subsequently Ext.P14 was produced, by
which one P.D.Didheesh and also one Freddy E. Yonni
was allowed to do certain activities by the Geologist,
Thrissur. On 23.2.2016, this Court passed an order in
I.A.No.1941/2016, which is extracted hereunder:
"The further proceedings pursuant to Ext.P14
are stayed and if the period in Ext.P14 has expired, the
same shall not be renewed without further orders from
this Court."
6. The main prayer of the petitioner in the writ
petition is to issue a direction to respondents 1 to 8 to
take immediate steps to stop the illegal and
unauthorised mining of red soil, ordinary earth, laterate
stone and quarrying operations in the area of
Kadanaseery and Choondal Panchayat. I am of the
WP(C) NO. 11052 OF 2014
considered opinion that this writ petition need not be
retained here. If there is any unauthorised mining of
red soil, ordinary earth, laterate stone and quarrying
operations are conducted by the party respondents,
respondents 1 to 8 will do the needful in accordance
with law to remove all those unauthorised activities.
But I make it clear that if the party respondents
obtained necessary permit and licence from the
statutory authorities, respondents 1 to 8 shall not
interfere in their activities as long as their activities are
within the four corners of their permit/licence issued by
the statutory authorities. If the petitioner is aggrieved
by the permit/licence issued to any of the party
respondents, the petitioner is free to agitate the same
in accordance with law before the appropriate
authorities.
Therefore, this writ petition is disposed of with the
following directions:
WP(C) NO. 11052 OF 2014
(1) Respondents 1 to 8 shall see that there is no
illegal and unauthorised mining of red soil,
ordinary earth, laterate stone and quarrying
operations conducted by the party respondents.
(2) But I make it clear that if any of the party
respondents are having permit and licence, their
legal activity shall not be interfered with unless
there is violation of permit/licence conditions.
(3) If the petitioner is aggrieved by the permit
and licence issued to any of the party
respondents, the petitioner is free to challenge
the same in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM/smv
WP(C) NO. 11052 OF 2014
APPENDIX OF WP(C) 11052/2014
PETITIONER EXHIBITS
EXHIBIT P16 THE TRUE COPY OF THE ORDER DATED
9.8.2016 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P17 A TRUE PHOTOCOPY OF THE ORDER
DATED.03.03.2023 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P18 A TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P19 A TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT P20 TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 6TH RESPONDENT
EXHIBIT P21 A TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE TAHSILDAR,
KUNNAMKULAM TALUK
EXHIBIT P22 A TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE TAHSILDAR
CHAVAKKAD TALUK
EXHIBIT P23 A TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE COMMISSIONER
OF POLICE
EXHIBIT P24 A TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE SECRETARY,
WP(C) NO. 11052 OF 2014
CHOONDAL GRAMA PANCHAYAT OFFICE
EXHIBIT P25 TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE SECRETARY, ELAVALLY GRAMA
PANCHAYAT OFFICE
EXHIBIT P26 A TRUE PHOTOCOPY OF NEWS ITEM ON
17.06.2016, PUBLISHED IN
MATHRUBHOOMI MALAYALAM DAILY
EXHIBIT P27 A TRUE PHOTOCOPY OF THE ORDER DATED
19.10.2013 ISSUED BY THE DISTRICT
COLLECTOR
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
