Kerala High Court
Sasidharan V vs Pallasana Grama Panchayath on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:49455
WP(C) NO. 24705 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 24705 OF 2025
PETITIONER:
SASIDHARAN V
AGED 53 YEARS
S/O. A.K. VELAYUDHAN, MANAGING PARTNER, DEEPAM
GRANITES, MURINGAMALA, VEMBALLOOR P.O, PALAKKAD
DISTRICT, PIN - 688537
BY ADVS.
SRI.M.P.MADHAVANKUTTY
SMT.DIVYADEVI V.G.
SMT.ANGEL GYLES LIKE
RESPONDENTS:
1 PALLASANA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PALLASANA P.O.,
PALAKKAD DISTRICT, PIN - 678505
2 SECRETARY
PALLASANA GRAMA PANCHAYATH, PALLASANA P.O.,
PALAKKAD DISTRICT, PIN - 678505
3 DISTRICT COLLECTOR
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN -
678013
4 GEOLOGIST
MINING & GEOLOGY DEPARTMENT, PALAKKAD, PIN - 678014
5 ENVIRONMENTAL ENGINEER
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WP(C) NO. 24705 OF 2025
2
POLLUTION CONTROL BOARD, PALAKKAD, PIN - 678001
SC SRI. NIRMAL S.
SR. GOVERNMENT PLEADER SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 24705 OF 2025
3
Dated this the 7th day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P11 notice
issued by the 2nd respondent.
2. The petitioner is running a stone quarry unit
within the territorial limits of the 1 st respondent
Panchayat. The petitioner has all the requisite statutory
licenses and permissions issued by the competent
authorities to operate the quarry, as evidenced by
Exts.P2 to P7 documents. Certain antisocial elements had
obstructed the work in the petitioner's property. By
Ext.P9 order, this Court had granted police protection to
the petitioner. Surprisingly, by Ext.P11 notice, the 2 nd
respondent has ordered the petitioner to stop the
functioning of the quarry, without any prior notice.
Ext.P11 notice is illegal and arbitrary.
3. Heard; the learned counsel for the petitioner,
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the learned Standing Counsel for the respondents 1 and 2
and the learned Government Pleader.
4. Ext.P11 is only a notice issued by the 2 nd
respondent directing the petitioner to stop the functioning
of the quarry temporarily, due to an untoward incident
that has occurred in the house of one Chandaran because
of excessive ammunition used by the petitioner to blast
the rocks, and there is unbearable noise pollution, which
has prima facie been found to be correct in the site
inspection conducted by the 2nd respondent. Moreover,
due to the torrential rains it is necessary to protect the
lives of the people of the locality from any further
untoward incidents.
5. It is the petitioner's case that, sub-section (1) of
Section 233(A) of the Panchayat Raj Act,1994 (in short,
'Act'), obliges the 2nd respondent to give prior notice to
the petitioner to abate the nuisance before ordering the
quarry operation to be stopped. Instead, the 2nd
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WP(C) NO. 24705 OF 2025
respondent has proceeded under sub-section (3) of
Section 233(A) of the Act, and directed the quarry to be
stopped, which is in violation of the statutory procedure
under the Act. Therefore, this Court may exercise its
plenary powers under Article 226 of the Constitution of
India.
6. As already observed above, Ext.P11 notice was
issued by the Secretary in the emergency situation like
the one at hand, where the petitioner is alleged to be
using excessive ammunitions, which is causing danger to
the lives of the people of the locality.
7. Taking into consideration the peculiar facts
and circumstances of the case, I am not inclined to
interfere with Ext.P11 notice by exercising the
discretionary jurisdiction of this Court. Instead to do
complete justice to both sides, I permit the petitioner to
forthwith submit his explanation to Ext.P11 notice with a
copy of this judgment. If such explanation is submitted,
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WP(C) NO. 24705 OF 2025
the 2nd respondent shall finalise Ext.P11 notice, in
accordance with law and as expeditiously as possible, at
any rate, within a week from the date of submission of the
explanation, after affording the petitioner an opportunity
of being heard. On the contrary, if the petitioner is
aggrieved by Ext.P11 notice, he has an alternative
statutory remedy as provided under Section 276 of the
Act.
With the above observations, the writ petition is
disposed off.
SD/-
C.S.DIAS, JUDGE
rmm7/7/2025
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WP(C) NO. 24705 OF 2025
APPENDIX OF WP(C) 24705/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE ISSUED IN FAVOUR OF DEEPAM
GRANITES BY STATE ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA), KERALA
DATED 7/01/2023
Exhibit P2 A TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE POLLUTION CONTROL BOARD
DATED 10/1/2023 IN FAVOUR OF DEEPAM
GRANITES
Exhibit P3 A TRUE COPY OF THE EXPLOSIVE LICENSE
ISSUED FROM THE PETROLEUM AND EXPLOSIVE
SAFETY ORGANIZATION DATED 5/3/2021
Exhibit P4 A TRUE COPY OF THE LICENSE ISSUED IN
FAVOUR OF THE PETITIONER BY PALLASSANA
GRAMA PANCHAYATH DATED 04-04-2024
Exhibit P5 A TRUE COPY OF THE LICENSE ISSUED BY
PETROLEUM AND EXPLOSIVE ORGANISATION
(PESO) DATED 13/9/2023
Exhibit P6 A TRUE COPY OF THE MOVEMENT PERMIT ISSUED
IN FAVOUR OF THE PETITIONER UNDER THE
KERALA MINERALS (PREVENTION OF ILLEGAL
MINING, STORAGE, AND TRANSPORTATION)
RULES, 2015 BY THE DEPARTMENT OF MINING
AND GEOLOGY DATED 13/1/2025
Exhibit P7 A TRUE COPY OF THE NOC ISSUED IN FAVOUR
OF THE PETITIONER FROM THE CHITTOOR
IRRIGATION SUB DIVISION ASSISTANT
EXECUTIVE ENGINEER DATED 28/2/2025
Exhibit P8 A TRUE COPY OF THE ABOVE FIR NO.229/2025
OF KOLLANGODE POLICE STATION DATED 03-03-
Exhibit P9 A TRUE COPY OF THE ORDER DATED 28-03-2025
Exhibit P10 A TRUE COPY OF THE LICENCE ISSUED BY THE
1ST RESPONDENT DATED 30-03-2025
Exhibit P11 A TRUE COPY OF THE ORDER DATED 25-06-2025
BEARING NO. 2677238-2025 TO THE
PETITIONER
