Kerala High Court
Mr.Jalaludeen.K vs The Veliyam Grama Panchayat on 10 October, 2024
WP(C) No.34025/2024 1/3 Order Date : 10-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Thursday, the 10th day of October 2024 / 18th Aswina, 1946
IA.NO.1/2024 IN WP(C) NO. 34025 OF 2024
PETITIONERS/NOT PARTIES IN THE WRIT PETITION TO BE IMPLEADED AS ADDITIONAL
RESPONDENT 7 AND 8 :
1. M.S.BIJU, S/O. C.MURALEEDHARAN ( SOUGHT TO BE IMPLEADED ) ASWATHY,
VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA TALUK, KOLLAM (
SOUGHT TO BE IMPLEADED )
2. SHAJI, S/O.BHASKARAN ( SOUGHT TO BE IMPLEADED ) SMRUTHI, VELIYAM
WEST P.O., VELIYAM VILLAGE, KOTTARAKARA TALUK,KOLLAM ( SOUGHT TO BE
IMPLEADED )
RESPONDENTS/ WRIT PETITIONER & RESPONDENTS 1 TO 6 IN THE WRIT PETITION:
1. MR.JALALUDEEN.K., AGED 67 YEARS S/O.KUNJUMOIDEENKUNJU,
CHARUVILAPUTHENVEEDU, VELIYAMWEST.P.O, KOLLAM, PIN - 691509
2. THE VELIYAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VELIYAM
GRAMA PANCHAYAT OFFICE, VELIYAM.P.O, KOLLAM, PIN - 691537
3. THE SECRETARY, VELIYAM GRAMA PANCHAYAT,VELIYAM GRAMA PANCHAYAT
OFFICE, VELIYAM.P.O, KOLLAM, PIN - 691537
4. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL BUILDING,
4TH FLOOR, THAMPANOOR.P.O, THIRUVANANTHAPURAM, PIN - 695001
5. THE GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, TALUK OFFICE
COMPOUND, KOLLAM, PIN - 691001
6. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, IRRIGATION
DIVISION OFFICE, KIP COMPOUND ROAD, ASRAMAM, KOLLAM, PIN - 691001
7. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION,
IRRIGATION OFFICE, THIRUVANANTHAPURAM ROAD, PULAMON, KOTTARAKKARA,
KOLLAM, PIN - 691506
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to this Hon'ble Court
may be pleased to to implead as Additional Respondents 7 and 8 in the Writ
Petition and the Interlocutory Application.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. B MOHAN LAL, P.S.PREETHA, ASWIN V. NAIR, KARTHIK J SEKHAR,
ABIJITH M., JAYAPRABHA ARJUN, PRAVEENA T., Advocates for the petitioners
and of SRI. JOBI JOSE KONDODY, Advocate for R1, the court passed the
following:
WP(C) No.34025/2024 2/3 Order Date : 10-10-2024
MOHAMMED NIAS C. P. , J.
============================================
I. A. No. 1 of 2024 in W. P. (C) No. 34025 of 2024
&
W. P. (C) No. 34025 of 2024
=============================================
Dated this the 10th day of October, 2024
ORDER
This is an application to implead the persons stated to be the
affected parties because of the quarrying conducted by the writ
petitioner. Heard. Allowed. The Registry is directed to incorporate
suitable changes in the records.
The respondents are granted three weeks' time for filing
counter. The interim order will stand extended by one month.
Post on 8.11.2024
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
WP(C) No.34025/2024 3/3 Order Date : 10-10-2024
APPENDIX OF WP(C) 34025/2024
Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
01.12.2022 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER FOR THE BUILDING STONE QUARRY FOR AN AREA
EXTENDING TO 0.7161 HECTARE OF LAND IN SY NO. 30/3-2,
30/3-3,30/3-4, 30/14, 37/5-1, 37/5-2 AND 37/5-3 OF
VELIYAM VILLAGE IN KOTTARAKKARA TALUK OF KOLLAM
DISTRICT
Exhibit P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL
BOARD, KOLLAM TO THE PETITIONER FOR OPERATING THE
BUILDING STONE QUARRY
Exhibit P3 A TRUE COPY OF THE FORM LE3 LICENSE ISSUED BY THE JOINT
CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI
Exhibit P4 A TRUE COPY OF THE TRADE LICENSE DATED 29.04.2024 VALID
UP TO 31.03.2025
Exhibit P5 A TRUE COPY OF THE QUARRYING PERMIT DATED 22.07.2024
VALID UP TO 21.07.2025 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 01.03.2024 PASSED BY
THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN
Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 10.05.2024 PASSED BY
THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 11.04.2024 PASSED BY
THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN
Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE
144TH MEETING OF THE 3RD RESPONDENT DATED 28/29-06/2024
Exhibit P10 A TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 29.06.2024
Exhibit P11 A TRUE COPY OF THE MINUTES OF THE 147THMEETING OF THE
3RD RESPONDENT HELD ON 27/28-8-2024
Exhibit P12 A TRUE COPY OF THE APPLICATION FOR NO OBJECTION
CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE THE 5TH
RESPONDENT UNDER SECTION 40 (2) OF THE KERALA
IRRIGATION AND WATER CONSERVATION ACT, 2003 DATED
21.08.2024
Exhibit P13 A TRUE COPY OF THE NOTICE DATED 20.09.2024 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
