Kerala High Court
Sudheesh A.T vs The District Disaster Management ... on 1 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) Nos. 37348 & 38135 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 37348 OF 2024
PETITIONER:
BINOJ K.BABY,
AGED 39 YEARS, S/O.K.K.CHERIAN,
MANAGING PARTNER, PULPALLY STONE CRUSHERS,
SASIMALA P.O., WAYANAD - 673 579
RESIDING AT KUNNATHU HOUSE, MULLANKOLLY P.O.,
PULPALLY, WAYANAD, PIN - 673579
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA EDEN
HARIKRISHNAN S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR/
DISTRICT DISASTER MANAGEMENT AUTHORITY,
CIVIL STATION, WAYANAD, PIN - 673122
2 MULLANKOLLY GRAMA PANCHAYAT,
PULPALLY, MULLANKOLLY P.O., WAYANAD,
REPRESENTED BY ITS SECRETARY, PIN - 673579
3 THE SECRETARY,
MULLANKOLLY GRAMA PANCHAYAT, PULPALLY,
MULLANKOLLY P.O., WAYANAD, PIN - 673579
BY ADV SHRI.MANOJ RAMASWAMY, SC,
MULLANKOLLY GRAMA PANCHAYAT
SMT.DEEPA V. - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, ALONG WITH WP(C).38135/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 37348 & 38135 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 38135 OF 2024
PETITIONER:
SUDHEESH A.T.,
AGED 37 YEARS, S/O. THANKACHAN,
ADAKKATHOTTATHIL HOUSE, KUMBALERY POST,
WAYANAD DISTRICT, PIN - 673591
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
THE DISTRICT COLLECTOR, COLLECTORATE,
KALPATTA, WAYANAD, PIN - 673122
2 THE DISTRICT GEOLOGIST,
WAYANAD, OFFICE OF THE DISTRICT GEOLOGIST,
PBM BUILDING, MEENANGADI,
WAYANAD, PIN - 673571
3 THE SECRETARY
MULLANKOLLI GRAMA PANCHAYAT, MULLANKOLLI P.O,
WAYANAD
(ADDTNL R3 IS IMPLEADED AS PER ORDER DATED 01.11.2024
IN IA 01/2024 IN WPC 38135/2024)
BY ADV SHRI.MANOJ RAMASWAMY, SC,
MULLANKOLLY GRAMA PANCHAYAT
DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, ALONG WITH WP(C).37348/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 37348 & 38135 of 2024
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JUDGMENT
The petitioners run two different quarries in Mullankolli
Grama Panchayat. They have been conducting quarrying
operations on the strength of all necessary licenses and
permissions from the statutory authorities.
2. Respondent No.1, who is the competent authority
under the Disaster Management Act, used to pass orders banning
quarrying operations in the Wayanad District during monsoon
season. Respondent No.1 passed an order dated 26/6/2024
(Ext.P6 in W.P.(C) No.37348/2024) directing to stop all quarrying
operations in the district of Wayanad for two days due to heavy
rain. Since the heavy rain continued, respondent No.1 passed an
order dated 16/7/2024 (Ext.P7 in W.P.(C) No.37348/2024)
prohibiting all quarrying operations in the district until further
orders. However, after a few days, when the rain receded,
respondent No.1 lifted the ban imposed as per the order dated
26/6/2024 except for the quarries situated in Mullankolli Grama
W.P.(C) Nos. 37348 & 38135 of 2024
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Panchayat as per the order dated 10/9/2024 (Ext.P9 in W.P.(C)
No.37348/2024 and Ext.P7 in WP(C) No.38135/2024). The
petitioners, whose quarries are situated in the Mullankolli Grama
Panchayat, challenge the said order to the extent it excludes
Mullankolli Grama Panchayat from the ban on quarrying.
3. I have heard Sri.S.Sreekumar, the learned Senior
Counsel as instructed by Sri.P.Martin Jose, the learned Counsel
appearing for the petitioner in W.P.(C) No.37348/2024, Sri. Philip
J.Vettickattu, the learned Counsel appearing for the petitioner in
W.P.(C) No.38135/2024, Smt.Deepa V., the learned Government
Pleader and Sri.Manoj Ramaswamy, the learned Standing
Counsel for the Panchayat.
4. As stated already, the ban imposed as per Ext.P7 (W.P.
(C) No.37348/2024) was lifted as per Ext.P9 (W.P.(C)
No.37348/2024), except for the quarries that were situated in
Mullankolli Grama Panchayat. However, no reason has been
stated in Ext.P9 (W.P.(C) No.37348/2024) for retaining the
prohibition as regards quarrying operations in Mullankolli Grama
W.P.(C) Nos. 37348 & 38135 of 2024
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Panchayat alone. The learned Government Pleader submitted
that such a decision was taken based on the recommendation
made by the Panchayat. However, the Panchayat has filed a
statement stating that it has taken a decision upon the complaint
by one of the ward members of the Panchayat to communicate to
respondent No.1 about the necessity of conducting a joint
inspection of various departments regarding excess quarrying
operations in the Panchayat. The said decision has been
produced as Annexure R3(b) in W.P.(C) No. 37348/2024. In the
counter statement, the Panchayat has also stated that it has not
taken a decision to stop the functioning of the quarries in the
Panchayat area. The learned Government Pleader further
submitted that based on the request of the Panchayath dated
3/9/2024, the respondent No.1 constituted an Expert Committee
consisting of District Geologist, Senior Hydrologist, Principal
Agricultural Officer, Ground Water Officer, PWD Building Executive
Engineer, PWD Road Executive Engineer, District Soil
Conservation Officer, Environmental Engineer, Mullankolli Grama
Panchayat Secretary, Hazard Analyst, Padichira Village Officer
W.P.(C) Nos. 37348 & 38135 of 2024
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etc. to inspect all the quarries in Mullankolli Grama Panchayat,
submit a report regarding the quarrying operations and to take a
decision to permit the quarries in the said Panchayat to continue
the operation. The learned Government Pleader further
submitted that even though the committee members visited the
quarries in the Panchayat, due to the objection from the people
of the locality, they could not conduct any inspection.
5. As stated already, the petitioners have been running
their quarries after obtaining all statutory permissions and
licenses. No specific reason has been stated in Ext.P9 (WP(C)
No.37348/2024) for retaining the prohibition of quarrying
operations in Mullankolli Grama Panchayat alone. Admittedly,
heavy rain in the district has receded. Hence, there is no
justification for continuing the ban. The Expert Committee
constituted will conduct the inspection and submit a report within
a period of two months from today. The further decision shall be
taken by the District Collector based on the recommendations of
the Committee, after hearing the petitioners and all other quarry
W.P.(C) Nos. 37348 & 38135 of 2024
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owners as well as the Panchayat. Respondent No.1 is directed to
lift the ban imposed on the quarries functioning in the Mullankolli
Grama Panchayat till such a decision is taken. After lifting the ban
by respondent No.1, respondent No.2 shall give access to
kompas to the petitioners to resume the quarrying operations
forthwith. The quarry operators and the Panchayat shall
cooperate with the Expert Committee.
The writ petitions are disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
W.P.(C) Nos. 37348 & 38135 of 2024
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APPENDIX OF WP(C) 37348/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE
CERTIFICATE DATED 29-05-2017 ISSUED BY THE
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
OF KERALA
EXHIBIT P2 TRUE COPY OF NOTIFICATION DATED 12-04-2022
PUBLISHED BY THE CENTRAL GOVERNMENT IN THE
GAZETTE OF INDIA
EXHIBIT P3 TRUE COPY OF THE QUARRYING LEASE DATED 31-07-
2017 EXECUTED IN FAVOUR OF PETITIONER BY THE
GOVERNMENT OF KERALA
EXHIBIT P4 TRUE COPY OF RENEWED CONSENT TO OPERATE DATED
31-01-2023 ISSUED BY THE POLLUTION CONTROL
BOARD IN FAVOUR OF PETITIONER
EXHIBIT P5 TRUE COPY OF TRADE LICENSE DATED 03-05-2024
ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF
PETITIONER
EXHIBIT P6 TRUE COPY OF ORDER DATED 26-06-2024 OF THE 1ST
RESPONDENT
EXHIBIT P7 TRUE COPY OF ORDER DATED 16-07-2024 OF THE 1ST
RESPONDENT
EXHIBIT P8 TRUE COPY OF LETTER DATED 30-07-2024 ISSUED BY
THE 3RD RESPONDENT ADDRESSED TO THE 1ST
RESPONDENT
EXHIBIT P9 TRUE COPY OF ORDER DATED 10-09-2024 PASSED BY
THE 1ST RESPONDENT
EXHIBIT P10 TRUE COPY OF ORDER DATED 18-09-2024 OF THE 1ST
RESPONDENT
EXHIBIT P11 TRUE COPY OF MALAYALA MANORAMA NEWSPAPER REPORT
DATED 08-10-2024
EXHIBIT P12 TRUE COPY OF REPORT PREPARED BY THE SENIOR
GEOLOGISTS OF GEOLOGICAL SURVEY OF INDIA, STATE
UNIT, KERALA
EXHIBIT P13 TRUE COPY OF ORDER DATED 07-11-2019 ISSUED BY
W.P.(C) Nos. 37348 & 38135 of 2024
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THE 1ST RESPONDENT
EXHIBIT P14 TRUE COPY OF REPORT DATED 14-10-2024 OF THE
VILLAGE OFFICER, PADICHIRA VILLAGE
RESPONDENT ANNEXURES
ANNEXURE R3 (a) TRUE COPY OF THE LETTER VIDE NO.401009/LLDC01/
GENERAL/2024/5007/(1) DATED 26.10.2024 ISSUED
BY THE 3RD RESPONDENT
ANNEXURE R3 (b) TRUE COPY OF THE DECISION VIDE NO.9 DATED
06.07.2024 OF THE 2ND RESPONDENT
W.P.(C) Nos. 37348 & 38135 of 2024
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APPENDIX OF WP(C) 38135/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRY LEASE
DATED 7-10-2023 EXECUTED BETWEEN THE STATE AND THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY
THE SEIAA KERALA, BEARING NO.172/Q/2022 DATED 20-
10-2022
EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE
POLLUTION CONTROL BOARD BEARING NO.KSPCB/WA/
ICO/10013907/2022, DATED 17-11-2022, WHICH IS VALID
UPTO 30-9-2027
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE BEARING NO.E/SC/KL/22/1586(E73300), DATED
6-2-2023, WHICH IS VALID UPTO 31-3-2028
EXHIBIT P5 TRUE COPY OF THE D & O LICENSE ISSUED BY THE
LOCAL AUTHORITY VIZ. MULLANKOLLI GRAMA PANCHAYAT
VIDE ITS ORDER NO.401009/RPTL19/GENERAL/2022/6940/
(1), DATED 23-12-2022, WHICH IS VALID UPTO 31-3-
EXHIBIT P6 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE
MINING & GEOLOGY DEPARTMENT BEARING NO.WAY/QL/
2023/3/MP-21/2024/92671, DATED 12-6-2024 VALID UPTO
11-7-2024
EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE 1 ST
RESPONDENT BEARING NO.DCWYD/2884/2024/DM3, DATED
10-9-2024
EXHIBIT P8 TRUE COPY OF THE DECISION OF THE FIRST RESPONDENT
DTED 9-10-2024 OBTAINED FROM THE PUBLIC INFORMATION
OFFICER, UNDER THE RTI ACT
EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE HANDBOOK
PUBLISHED BY THE GOVERNMENT OF KERALA WHEREIN THE
STATUS OF THE PADICHIRA VILLAGE
EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE DIRECTION
ISSUED BY THE GOVERNMENT IN TERMS OF SECTION 23(1)
OF THE ACT, 2005
