High Court of KeralaWP(C)/3697/2015disposed of

Cholamala Protection Samithi v. State Of Kerala

2015-02-05Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 3697 of 2015 (S) --------------------------- PETITIONER(S):

------------ CHOLAMALA PROTECTION SAMITHI AGED 35 YEARS PADAYAMKALLU, DARKAS P.O., KASARGOD DISTRICT PIN - 671 533, REPRESENTED BY ITS SECRETARY BY ADV. SRI.A.G.BASIL RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

2. BALAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, BALAL P.O., KASARGOD DISTRICT, PIN - 671 533

3. STATION HOUSE OFFIER, VELLARIKUND POLICE STATION VELLARIKUND, KASARGOD DISTRICT, PIN - 671 533

4. DISTRICT COLLECTOR, KASARGOD, PIN - 671 121

5. KERALA STATE POLLUTION CONTROL BOARD KANNANGAD, KASARGOD DISTRICT. PIN - 671 315

6. SECRETARY TO GOVERNMENT MINISTRY OF ENVIRONMENT AND FOREST GOVERNMENT OF INDIA, PARIYAVARAN BHAVAN NEW DELHI -110001

7. CHIEF CONTROLLER OF EXPLOSIVES, GOVERNMENT OF INDIA, MINISTRY OF COMMERCE

AND INDUSTRY, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) KENDRIYA BHAVAN, BLOCK C2, 3RD BLOCK CSEZ P.O., KAKKANAD, ERNAKULAM DISTRICT PIN - 682 037.

8. DIRECTOR OF MINING AND GEOLOGY, GEOLOGY DEPARTMENT, GOVERNMENT OF KEALA, KESAVADASAPURAM, PATTAM PALACE P.O.

THIRUVANANTHAPURAM - 695 004.

9. M/S.MALOM QUARRY AND CRUSHERS, AMMENA MANZIL REPRESENTED BY ITS MANAGING DIRECTOR BALAL GRAMA PANCHAYATH, KASARGOD DISTRICT PIN - 671 533

10. K.T.MUHAMMED HUDAIIFF, AGED 37 YEARS S/O.C.V.N.MEMIHAJI, ERIKKUR VILLAGE, ERIKKUR P.O. AMMENA MANZIL, SIDDIQ NAGAR, KANNUR DISTRICT.

11. DIVISIONAL FOREST OFFICER KANNUR DISTRICT, KANNUR R6 & 7 BY ADV. SRI.N.NAGARESH,ASG BY GOVERNMENT PLEADER SRI. SUJITH MATHEW JOSE BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR R6 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3697 of 2015 (S) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1- PHOTOGRAPH OF THE STREAM FLOWING VERY NEAR TO THE QUARRY IS PRODUCED HEREWITH AND MARKED P2- PHOTOGRAPH OF THE QUARY OWNED AND OCCUPIED BY THE RESPONDENT 9 AND 10 P3- TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 6.12.2014 TO THE DISTRICT COLLECTOR P3(A)- TRUE COPY OF HTE ENGLISH TRANSLATION OF EXT.P3 P4- TRUE COPY OF THE SITE PLAN OF THE EXPLOSIVE MAGAZINE P5- TRUE COPY OF THE JUDGMENT DATED 27.2.2012 IN DEEPAK KUMAR AND OTHERS V. STATE OF HARYANA AND OTHER, REPORTED IN (2012) KHC 4150

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.P. (C )No. 3697 of 2015 -B ....................................................... Dated this the 5th day of February 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner as well as the learned Government Pleader. Notice need not be issued to private respondents in view of the order being passed.

2. By this Writ Petition , the petitioner has come up raising grievance regarding the functioning of the quarry owned and operated by respondents 9 and 10. It is submitted that renewal of the quarry license has not been permitted as per the law laid down by the Apex Court in Deepak Kumar and Others v. State of Haryana and Another - 2012 KHC 4150. In this context, the

W.P. (C )No. 3697 of 2015 -B petitioner had already approached the District Collector by submitting representation dated 6-12-2014.

3. Being the authority, the District Collector is competent to look into the grievance of the petitioner. Hence, we see no reason to keep the Writ Petition pending. The petitioner may pursue the matter before the Collector, who may look into the matter and take appropriate decision.

With the above observation, this Writ Petition is disposed of. Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge