Kerala High Court
Balan N.P vs Ministry Of Environment, Forest And ... on 31 May, 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 19311 OF 2017
PETITIONER:
BALAN N.P
AGED 55 YEARS
S/O. KUNJIKKANNAN, AGED 55, NELLIYULLAPARAMBATH,
POLLOOR POST, THALASSERY TALUK, PIN 670 693, KANNUR
DISTRICT.
BY ADVS.
SRI.SHERRY J. THOMAS
SRI.E.K.AVINASH
RESPONDENTS:
1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
3RD FLOOR, PRITHVI WING, INDIRA PARVAYARAN BHAWAN, JOR
BAGH, NEW DELHI 110 003, REPRESENTED BY ITS SECRETARY.
2 DISTRICT COLLECTOR
COLLECTORATE, KANNUR 670 307.
3 CHIEF CONSERVATOR OF FORESTS WILDLIFE
NORTHERN REGION, ARANYA BHAVAN, OLAVACODE P.O, PALAKKAD
678 002.
4 THE ENVIRONMENTAL ENGINEER
DISTRICT OFFICE OF THE KERALA STATE POLLUTION CONTROL
BOARD, 6TH FLOOR, RUBCO HOUSE, SOUTH BAZAR, KANNUR 670
002.
5 THE GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, DEPARTMENT OF MINING AND
GEOLOGY, CIVIL STATION E BLOCK, KANNUR 670 002.
6 JOINT CHIEF CONTROLLER OF EXPLOSIVES
SOUTH CIRCLE NO. 140, RUKMINI LAXMIPATI ROAD, EGMORE,
CHENNAI [TAMILNADU], 600 008.
7 DEPUTY SUPERINTENDENT OF POLICE
KANNUR 670 307.
8 GEOLOGICAL SURVEY OF INDIA
GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY, UNION OF
INDIA, NEW DELHI 1.
9 POLLUTION CONTROL BOARD
KANNUR DISTRICT OFFICE, KAKKAD ROAD, KANNUR 670 002.
10 THRIPANGOTTUR PANCHAYATH
REPRESENTED BY ITS SECRETARY, THRIPAGOTTUR PANCHAYATH,
W.P (C) No.19311 of 2017
2
KANNUR 670 001.
11 VILLAGE OFFICER
THRIPAGOTTUR, KANNUR 670 001.
12 SUDARSANA
S/O.BALAN, CHERUKUNNOATHPARAMBA HOUSE, CERUPARAMBA
P.O, THALASSERY TALUK 670 101.
13 C.G.GEORGE
JOINT MANAGING DIRECTOR, PATHIKKAL GRANITES PRIVATE
LIMITED, THALASSERY TALUK, KANNUR DISTRICT, 670
101.
14 ABIN ABRAHAM
MANAGING DIRECTOR, V.K ESTATE, NARIKKOTTUMALA P.O,
670 693, THALASSERY TALUK, KANNUR 670 101.
15 SUNIL BABU T.P
S/O CHATHUKUTTY, PROPRIETOR, BLUE GRANITE PRODUCTS,
PATHIKKAL, NAROKKOTTUMALA P.O, THALASSERY TALUK 670
101.
ADDL.16 JOVIN GEORGE
S/O GEORGE, AGED 31 YEARS, MADATHINAMATTATHIL
HOUSE, PALISSERY, THALASSERY PO, KANNUR DISTRICT.
IS IMPLEADED AS PER ORDER DATED 15.12.2017 IN
I.A.NO.19842/2017 IN W.P.(C)
BY ADVS.
SRI.V.E.ABDUL GAFOOR
K.R.RAJKUMAR
SRI.P.T.ABHILASH
SRI.BABU JOSEPH KURUVATHAZHA
ASSISTANT SOLICITOR GENERAL
SRI.GEORGE MECHERIL
SRI.P.A.MOHAMMED
SRI.A.MOHAMMED SAVAD
SRI.C.Y.VINOD KUMAR
OTHER PRESENT:
SRI.T.P.SAJAN, SPL.GP(FOREST), SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P (C) No.19311 of 2017
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.19311 of 2017
---------------------------
Dated this the 31st day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Call for the entire records pertaining to the
Environmental Clearance Certificate for the quarries of
Respondents 12 to 15.
ii) Issue a writ of mandamus, any other writ, order or
direction, directing the Respondents 4 and 5 to stop
the functioning of Quarrying Operations of
Respondents 12 to 15 and other Illegal Quarries in the
area, which are functioning without obtaining
Environmental Clearance from MoEF.
iii) Issue a writ of mandamus, any other writ, order or
direction, directing the 4th and 5th Respondents to
hear the Petitioner and local public before renewing
the permits and issuance of Environmental Clearance
Certificate for the quarrying operations of Respondent
12 to 15.
iv) Issue a Writ of mandamus, any other writ, order or
direction to the 4th and 5th Respondents to
implement the provisions in the guidelines issued by
the Central Government regarding the commercial
activities in Eco Sensitive Areas.
v) Such other relief's that this Honourable Court may
deem fit and proper to grant, in the interest of justice.
vi) Provide cost of the proceedings." (SIC)
2. When this writ petition came up for consideration on
12.06.2017, this Court passed the following order:-
"Admit.
Issue notice to the respondents.
Respondents 2, 3, 7 and 11 shall ensure that the
quarry carried on by the respondents 12 to 15 is with
necessary permits and sanctions and Environmental
Clearance Certificate and if not, the same shall be
stopped forthwith."
3. If there is any activities done by the respondents 12
to 15 without permits, sanction and Environmental Clearance
Certificate, the petitioner can bring to the notice of the same to
the official respondents and official respondents will do the
needful with notice to the petitioner and respondents Nos.12 to
15.
With the above observations, this writ petition is disposed
of. Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 19311/2017
PETITIONER EXHIBITS
EXHIBIT P1. COPY OF THE PETITION BEFORE THE HONOURABLE
ENQUIRY COMMISSIONER AND SPECIAL JUDGE
THALASSERY AS CMP NO. 104/2017
EXHIBIT P2. COPY OF THE PETITION DATED 11.11.16
SUBMITTED TO THE DYSP, VIGILANCE.
EXHIBIT P2[A]. COPY OF THE ACKNOWLEDGMENT CARD OF THE
PETITION SUBMITTED TO THE DYSP.
EXHIBIT P3. COPY OF THE POSTAL RECEIPT OF THE PETITION
SUBMITTED TO THE ENVIRONMENTAL ENGINEER.
RESPONDENTS EXHIBITS
EXHIBIT R14(A) TRUE COPY OF THE QUARRYING PERMIT DATED
22.09.2016, VALID UP TO 21.9.2017 ISSUED
BY THE 5TH RESPONDENT
EXHIBIT R14(B) TRUE COPY OF THE LICENCE DATED 18.07.2016
ISSUED BY THE TRIPPANGOTTUR GRAMA
PANCHAYAT VALID UP TO 31.3.2017
EXHIBIT R14(C) TRUE COPY OF THE CONSENT TO OPERATE DATED
11.7.2016 ISSUED BY THE 4TH RESPONDENT
VALID UP TO 30.06.2019
EXHIBIT R14(D) TRUE COPY OF THE LICENCE DATED 5.07.2016
TO MAINTAIN THE EXPLOSIVES, ISSUED BY THE
DEPUTY CONTROLLER OF EXPLOSIVES, ERNAKULAM
VALID UP TO 31.3.2021.
EXHIBIT R14(E) TRUE COPY OF THE CHALAN DATED 5.6.2017,
EVIDENCING THE REMITTANCE OF RS.1 LAKH IN
THE HEAD OF ACCOUNT OF 1425-00-501-99 AT
THE DISTRICT TREASURY, KANNUR
EXHIBIT R16(A) TRUE COPIES OF THE CONSENT LETTER ISSUED
ON 22.10.2015 IN FAVOUR OF JOVIN GEORGE
EXHIBIT R16(B) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
CERTIFICATE ISSUED BY THE DISTRICT
ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
DATED 22.05.2017.
EXHIBIT R16(C) TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE THE QUARRY FROM THE POLLUTION
CONTROL BOARD VIDE ORDER DATED 23.05.2017
EXHIBIT R16(D) TRUE COPY OF EXPLOSIVE LICENCE IN HIS
FAVOUR FROM THE DEPUTY COMMISSIONER OF
EXPLOSIVES ON 11.07.2017
EXHIBIT R16(E) TRUE COPY OF D&o LICENCE NO.B3.2741/2017
DATED 26.09.2017
EXHIBIT R16(F) TRUE COPY OF LICENCE OBTAINED QUARRYING
LEASE PERMIT FROM THE DIRECTOR, MINING AND
GEOLOGY DEPARTMENT VIDE ORDER DATED
4.10.2017 FOR A PERIOD OF 12 YEARS.
EXHIBIT R16(G) TRUE COPIES OF THE LEASE AGREEMENT DATED
09.10.2017 EXECUTED WITH THE GEOLOGIST.
