Kerala High Court
Ayyappan M.A vs The Kerala State Pollution Control ... on 31 May, 2024
WP(C) No.13596/2024 1/4 Order Date : 31-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
WP(C) NO. 13596 OF 2024
PETITIONERS:
1. AYYAPPAN M.A, AGED 58 YEARS, S/O. AYYAPPAN, MADAKAPPALLI, B.K. PURAM
PO, VENKIDA, ERNAKULAM DISTRICT, PIN-682308
2. NIVIN T.S, AGED 23 YEARS, S/O. SURESH T.K., THATTRUKUZHIL HOUSE,
B.K. PURAM PO, VENKIDA, ERNAKULAM DISTRICT, PIN-682308
RESPONDENTS:
1. THE KERALA STATE POLLUTION CONTROL BOARD TC 12/96 (4,5), REPRESENTED
BY ITS CHAIRMAN, PLAMOODU, PATTOM PO, THIRUVANANTHAPURAM, PIN-695004
2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT,
PIN-682030
3. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE PO, THIRUVANANTHAPURAM, PIN - 695004
4. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, SEAPORT -
AIRPORT ROAD, CIVIL STATION, THRIKKAKARA, KAKKANAD, KOCHI,
PIN-682030
5. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
KADAVANTHARA, MIG AND HIG COLONY, ELAMKULAM, ERNAKULAM DISTRICT,
PIN-682020
6. THE THIRUVANIYOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
THIRUVANIYOOR-MANEED ROAD, THIRUVANIYOOR, ERNAKULAM DISTRICT,
PIN-682308
7. MARY VARGHESE, KAVUMUGAL HOUSE, MURIMATTATHIL, POOTHRIKKA POST,
THIRUVANIYOOR, ERNAKULAM DISTRICT, PIN-682308
8. M/S. ORIENTAL STRUCTURAL ENGINEERS PVT. LTD, CHERANALLOOR, NEAR
GOVERNMENT PUBLIC HEALTH CENTRE, CHERANALLOOR PO, ERNAKULAM
DISTRICT, PIN-683544
9. ADDL R9. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS
CHAIRMAN, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, G 5 AND 6, SECTOR
10, DWARKA, NEW DELHI - 110075 [IS SUO MOTU IMPLEADED AS PER ORDER
DATED 20.05.2024 IN WP(C) 13596/2024]
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order to stay all further proceedings pursuant
to Ext. P1 quarrying permit in the light of Ext. P4 judgment, pending
final disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
20-05-2024 and upon hearing the arguments of M/S. BIJU .C. ABRAHAM, THOMAS
WP(C) No.13596/2024 2/4 Order Date : 31-05-2024
C.ABRAHAM & BASIL MATHEW, Advocates for the petitioners, SRI. K.S.ARUN
KUMAR, Advocate for R6 and M/S. P.M ZIRAJ & IRFAN ZIRAJ, Advocates for
R8, the court passed the following:
WP(C) No.13596/2024 3/4 Order Date : 31-05-2024
C.JAYACHANDRAN, J.
------------------------------------
W.P.(C)Nos.12684 & 13596 of 2024
------------------------------------
Dated, this the 31st May, 2024
O R D E R
The National Highway Authority of India,
represented by its Chairman, Ministry of Road
Transport and Highways, G5 and 6, Sector 10,
Dwaraka, New Delhi-110 075, is suo motu impleaded
as Additional respondent no.12 to this writ
petition.
2. Petitioners will serve a copy of the writ
petition to the learned Standing Counsel for the
additional 12th respondent.
Interim order will stand extended till 12.06.2024.
Post along with connected case on 12.06.2024.
Sd/-
JAYACHANDRAN
JUDGE
TR
WP(C) No.13596/2024 4/4 Order Date : 31-05-2024
APPENDIX OF WP(C) 13596/2024
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT ISSUED TO THE 8TH
RESPONDENT DATED 13/3/2024
Exhibit P2 TRUE COPY OF THE O.M. NO. F.NO. 3-70/2020-IA.III
(141127) DATED 8/8/2022 ISSUED BY THE MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, GOVERNMENT OF
INDIA
Exhibit P3 TRUE COPY OF THE OM DATED 21/8/2023 ISSUED BY THE
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
GOVERNMENT OF INDIA
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 21/3/2024 IN CIVIL
APPEAL NOS. 1628 AND 1629 OF 2021OF THE HON'BLE SUPREME
COURT OF INDIA
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22/3/2024 PASSED BY
THIS HON'BLE COURT IN W.P.(C). NO. 12072/2024
Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 30/3/2024 SUBMITTED BY
THE PETITIONERS BEFORE THE STATION HOUSE OFFICER,
PUTHENCRUZ POLICE STATION , ERNAKULAM DISTRICT
Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 30/3/2024 SUBMITTED BY
THE PETITIONERS BEFORE THE 4TH RESPONDENT
Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 30/3/2024 SUBMITTED BY
THE PETITIONERS BEFORE THE 2ND RESPONDENT
Exhibit P8(a) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 27/3/2024
ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT
Exhibit P9 TRUE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE
AREA WHERE THE MINING IS CARRIED OUT
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 26/3/2024 PASSED
BY THIS HON'BLE COURT IN W.P.(C). NO. 12684/2024
