Kerala High Court
M.Parijathan vs The Union Of India on 27 January, 2025
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WP(C) NO.19787 OF 2019 2025:KER:10441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO.19787 OF 2019
PETITIONER:
M.PARIJATHAN
AGED 60 YEARS, S/O LATE MADHAVANKUTTY,
RESIDING AT PARVATHY, TC 7/1195, 172B,
KOOTTAMVILLA ROAD, MARUTHAMKUZHY,
VATTIYOORKAVU, THIRUVANANTHAPURAM.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
JORBAGH ROAD, NEW DELHI - 110 003.
2 THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS
OFFICE OF THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF
FORESTS (C), MINISTRY OF ENVIRONMENT, FOREST AND
CLIMATE CHANGE, REGIONAL OFFICE (SOUTH ZONE), KENDRIYA
SADAN, 4TH FLOOR, E AND F WINGS, 17TH MAIN ROAD,
KORAMANGALA 11 BLOCK, BANGALORE - 560 034.
3 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, OFFICE OF THE STATE
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
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WP(C) NO.19787 OF 2019 2025:KER:10441
KSRTC BUILDING, 4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM - 695 014.
5 THE DISTRICT COLLECTOR
KOLLAM - 691 001.
6 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PLAMOODU, PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
7 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
HIGH SCHOOL JN, CUTCHERRY P.O, KOLLAM-691013.
8 THE INSPECTOR OF FACTORIES AND
BOILERS GRADE-II, OFFICE OF THE INSPECTOR OF FACTORIES
AND BOILERS, KUNDARA, KOLLAM DISTRICT-691501.
9 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASPURAM,
PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004.
10 THE GEOLOGIST,
OFFICE OF MINING AND GEOLOGY, ASRAMAM, KOLLAM-691008
11 THE ASSISTANT DIVISIONAL OFFICER,
OFFICE OF THE ASSISTANT DIVISIONAL OFFICER, FIRE AND
RESCUE SERVICES, KOLLAM-691001.
12 THE DISTRICT MEDICAL OFFICER(HEALTH)
OFFICE OF THE DISTRICT MEDICAL OFFICER(HEALTH),
KOLLAM-691001
13 CHITHARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, CHITHARA,
KOLLAM DISTRICT-691559
14 THE SECRETARY,
CHITHARA GRAMA PNACHYAT, CHITHARA,
KOLLAM DISTRICT-691559.
15 S.SUNIL KUMAR,
SRILAKSHMI, RRAGHUNATHAPURAM, VARKALA,
KOLLAM DISTRICT-695141.
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WP(C) NO.19787 OF 2019 2025:KER:10441
16 SAJITHA,
D/O.BHASKARAN, SREELEKSHMI, REGUNATHAPURAM,
VARKALA P.O, CHERUKUNNAM DESAM, VARKALA VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695141.
17 KANNAN,
S/O. SUNDARAN NAIR, MUTTAKAVU RINI MANDIRAM,
NEDUMPANA P.O, NEDUMBANA VILLAGE,
KOLLAM DISTRICT-691576.
18 THE KERALA STATE REMOTE SENSING
AND ENVIRONMENT CENTRE, REPRESENTED BY ITS DIRECTOR,
I-FLOOR, NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN,
UNIVERSITY OF KERALA SENATE HOUSE CAMAPUS, PMG,
THIRUVANANTHAPURAM-695033.
BY ADVS.
SMT.C.G.PREETHA, CGC
ENOCH DAVID SIMON JOEL
OTHER PRESENT:
SRI.T. NAVEEN,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.19787 OF 2019 2025:KER:10441
JUDGMENT
Petitioner has filed the captioned writ petition
complaining about the alleged illegal functioning of a quarry at
the instance of the 15th respondent herein.
2. On 06.04.2022, while admitting the writ petition,
this Court recorded the submission made on behalf of the
learned counsel for respondents 15 to 17 that the quarry
concerned was not functioning at that point of time.
3. Heard Sri.T.C. Suresh Menon, learned counsel for
the petitioner, Sri.Enoch David Simon Joel for respondents 15
to 17, Sri.T.Naveen for respondents 6 to 7 and the learned
Government Pleader.
4. Learned counsel on both sides submits that, at
present the quarry is not functioning as already recorded by
this Court.
In such circumstances, this writ petition would stand
disposed of, in tune with the order dated 06.04.2022, however,
reserving liberty to the petitioner to file appropriate
WP(C) NO.19787 OF 2019 2025:KER:10441
representations/fresh petition before this Court, if necessity
arises.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//10.02.2025
WP(C) NO.19787 OF 2019 2025:KER:10441
APPENDIX OF WP(C) NO.19787 OF 2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 17.11.2016 ISSUED TO THE 16TH
RESPONDENT BY CHITHARA VILLAGE OFFICER
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 17.11.2016 ISSUED TO THE 17TH
RESPONDENT BY CHITHARA VILLAGE OFFICER
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 17.11.2016 ISSUED TO THE 15TH
RESPONDENT BY CHITHARA VILLAGE OFFICER
PERTAINING TO THE PROPERTIES IN THANDAPER
NO.7325 AND 8335
EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 17.11.2016 ISSUED TO THE 15TH
RESPONDENT BY CHITHARA VILLAGE OFFICER
PERTAINING TO THE THANDAPER NO.9653, 8586,
5718 AND 4350
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 17.11.2016 ISSUED TO THE 15TH
RESPONDENT BY CHITHARA VILLAGE OFFICER
PERTAINING TO THE THANDAPER NO. 4312, 9700,
6016, 9853 AND 9587
EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER ISSUED BY
THE 16TH RESPONDENT TO THE 15TH RESPONDENT
EXHIBIT P6(A) TRUE COPY OF THE CONSENT LETTER ISSUED BY
THE 17TH RESPONDENT TO THE 15TH RESPONDENT
ARE PRODUCED HEREWITH AND RESPECTIVELY
EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF PRE-
FEASIBILITY REPORT SUBMITTED BY THE 15TH
RESPONDENT BEFORE THE 4TH RESPONDENT
OBTAINED BY THE PETITIONER UNDER THE RIGHT
TO INFORMATION ACT ON 28.11.2018
EXHIBIT P8 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
DATED 11/02/2016 GRANTED TO THE 15TH BY THE
WP(C) NO.19787 OF 2019 2025:KER:10441
4TH RESPONDENT
EXHIBIT P8(A) TRUE COPY OF THE ORDER DATED 03/03/2017
ISSUED BY THE 9TH RESPONDENT TO THE 15TH
RESPONDENT
EXHIBIT P9 TRUE COPY OF THE AGREEMENT ENTERED INTO
BETWEEN ONE AKHIL KUMAR ROUT AND THE 15TH
RESPONDENT
EXHIBIT P10 TRUE COPY OF THE BLASTER'S CERTIFICATE OF
COMPETENCY OF AKHIL KUMAR ROUT ISSUED UNDER
THE METALLIFEROUS MINES REGULATION, 1961
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
13/06/2019 SUBMITTED BY THE PETITIONER TO
THE 4TH RESPONDENT
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
13/06/2019 SUBMITTED BY THE PETITIONER TO
THE 10TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED
13/06/2019 SUBMITTED BY THE PETITIONER TO
THE 14TH RESPONDENT
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED
13/06/2019 SUBMITTED BY THE PETITIONER TO
THE 5TH RESPONDENT
