Krishnan Kunjumon v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 PETITIONER(S):

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1. KRISHNAN KUNJUMON, S/O.KRISHNAN, KAROTINJAPUZHAYIL HOUSE, MAZHAVANOOR NORTH, AIRAPURAM, MAZHAVANOOR.P.O PIN-686669.

2. REMA, W/O.KUNJUMON, KAROTINJAPUZHAYIL HOUSE, KAZHAVANOOR NORTH, AIRAPURAM, MAZHAVANOOR.P.O PIN-686669.

BY ADVS.SRI.LEGY ABRAHAM SRI.RAGHAVAKUMAR.V.S.

RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, ERNAKULAM COLLECTORATE, CIVIL STATION, KAKKANAD, COCHIN-682030.

2. THE TAHSILDAR, KUNNATHUNADU, PERUMBAVOOR.P.O, PIN-683010.

3. THE VILLAGE OFFICER, AIRAPURAM VILLAGE, AIRAPURAM.P.O, PIN-683541.

4. S.GOPINATHAN, M/S HARSHAD ENTERPRISES, ALAKKAMUKALIL HOUSE, NORTHMAZHUVANNOOR KILIKULAM, MAZHUVANNOOR.P.O, PIN-686669.

5. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, GANDHI NAGAR, COCHIN-682020.

6. THE MAZHUVANNOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AIRAPURAM.P.O PIN-686669.

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7. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, KAKKANAD, COCHIN-682030.

R1-3 & 7 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R4 BY ADVS. SRI.V.V.SIDHARTHAN (SR.) SRI.D.G.VIPIN SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY R5 BY ADV. SRI. M.AJAY, SC R6 BY ADV. SRI.JOHN K.GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT-P1 TRUE COPY OF THE COMPLAINT FILED BEFORE THE IST RESPONDENT DTD.2.2.13 EXT-P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT DTD.2.2.13 EXT-P3 TRUE COPY OF THE COMPLAINT FILED BEFORE THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA DTD.

EXT-P4 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DTD.2-2-13 EXT-P5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DTD.2-2-13 EXT-P6 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 6TH RESPONDENT DTD.2-2-13 EXT-P7 TRUE COPY OF COMPLAINT FILE DEFORE THE 7TH RESPONDENT DTD.2-2-13 EXT-P8 TRUE COPY OF THE ORDER NO.D.O.E/4636/E2/12 DTD.27-12-2012 OF THE 7TH RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R4(A):

TRUE COPPY OF THE REPORT DATED 27/2/13 ISSUED BY THE VILLAGE OFFICER, IRAPURAM TO THE RDO MUVATTUPUZHA TOGETHER WITH THE COMPLAINT OBNTAINED UNDER THE RIGHT TO INFORMATION ACT.

EXT.R4(B):

TRUE COPY OF THE ORDER NO.592/05-06/9792/M3/05 DATED 20/1/06 ISSUED BY THE DIRECTOR OF MINING & GEOLOGY, KERALA EXT.R4(C):

TRUE COPY OF THE SQUARRYING LEASE DEED DATED 2/2/06 WITH THE STATE GOVERNMENT EXT.R4(D):

TRUE COPY OF THE ORDER NO.239/10-11/2733/M3/2010 DATED 7/7/10 ISSUED BY THE DIRECTOR OF MINING & GEOLOGY, KERALA EXT.R4(E):

TRUE COPY OF THE QUARRYING LEASE DEED DATED 21/7/10 EXT.R4(F):

TRUE COPY OF CERTIFICATE NO.142/013-14/RMCU/EKM/3144/M3/2013 DATED 30/3/13 ISSUED BY THE DIRECTOR OF MINING & GEOLOGY ....2/-

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EXT.R4(G):

TRUE COPY OF THE LICENCE NO.E/SCKL/22/40(E 11052) ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES EXT.R4(H):

TRUE COPY OF THE LICENCE NO.C3/1364/13/67 DATED 10/4/13 ISSUED BY MAZHUVANNUR GRAMA PANCHAYATH EXT.R4(I):

TRUE COPY OF THE CONSENT NO.PCB/DO-EKM/ICE-CR-R1/39/2012 DATED 26/9/12 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXT.R4(J):

TRUE COPY OF THE CONSENT NO.PCB/EKM/IAO-24/07 DATED 19/12/12 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD EXT.R4(K):

TRUE COPY OF THE JUDGMENT DATED 8/2/12 IN WPC.16770/11 OF THE HON'BLE HIGH COURT OF KERALA EXT.R4(L):

TRUE COPY OF THE JOINT PETITION DATED 21/6/08 FILED BY S GOPINATHAN & OTHERS BEFORE THE DY.S.P.CRIME DETECTION ALUVA EXT.R4(M):

TRUE COPY OF THE PETITION DATED 20/2/13 ILED BY THE R6 BEFORE THE DY.S.P.PERUMBAVOOR EXT.R4(N):

TRUE COPY OF THE ORDER DATED 24/10/09 ISSUED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM IN OP.1474/08 EXT.R4(O):

TRUE COPY OF THE ORDER DATED 21/1/10 IN OP.1474/08 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTUTION THIRUVANANTHAPURAM EXT.R4(P):

TRUE COPY OF THE ORDER DATED 28/12/11 IN OP.741/11 ISSUED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM EXT.R4(Q):

TRUE COPY OF THE FINAL REPORT DATED 14/2/08 FILED BY THE CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT KOLENCHERRY EXT.R4(R):

TRUE COPY OF THE JUDGMENT DATED 2/7/13 IN WPC.7719/13 EXT.R4(S):

TRUE COPY OF THE JUDGMENT DATED 2/9/15 IN WPC.24381/15 EXT.R4(T):

TRUE COPY OF THE CONSENT NO.PCB/EKM/DO2/1CO-QR/R2/9/2015 ISSUED BY THE KJERALA STATE POLLUTION CONTROL BOARD FOR THE QUARRY EXT.R4(U):

TRUE COPY OF CONSENT NO.PCB/EKM/DO2/ICO/CR-R1-10-2015 WITH REGARDS TO THE OPERATION OF THE CRUSHER UNIT WHICH IS VALID UPTO 30/6/18.

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EXT.R4(V):

TRUE COPY OF THE LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, CHENNAI EXT.R4(W):

TRUE COPY OF THE LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE CHENNAI EXT.R4(X):

TRUE COPY OF THE LICENSE ISSUED BY MAZHUVANNUR GRAMA PANCHAYAT FOR CONDUCTING THE QUARRY.

EXT.R4(Y):

TRUE COPY OF THE MOVEMENT PERMIT DATED 10/10/15 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, ERNAKULAM EXT.R4(Z):

TRUE COPY OF THE CERTIFICATE DATED 7/1/15 ISSUED BY THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY ERNAKULAM EXT.R4(AA):

TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 31/3/15 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY EXT.R4(AB):

TRUE COPY OF THE CERTIFICATE OF COMPETENCY TO CARRY OUT LASTING EXPLOSIVES ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM DATED 27/5/14 EXT.R4(AC):

TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER IRAPURAM DATED 12/3/14 EXT.R4(AD):

TRUE COPY OF THE DECLARATION DATED 25/9/13 EXECUTED BY IRUCHAPPAN / TRUE COPY / P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 7004 of 2013 ---------------------------------------------------- Dated this the 12th day of November,2015

J U D G M E N T

------------------------- This writ petition is filed challenging the quarrying operation by the 4th respondent. There were series of litigations in different forum and this Court against the operation of quarrying. The present grievance is essentially, alleging a threat to the life and property of the petitioners. According to the petitioners, on account of blasting in the quarry, they are under threat of loss of their life as well as to the property. 2.

It is to be noted that the 4th respondent has obtained all requisite permit to operate the quarry.

3.

The Standing Counsel for the Pollution Control Board submits that they have reckoned distance Rules and based on the distant Rules, they issued consent.

4.

It is also to be noted that one Vijayan has approached the Ombudsman for Local Self Government Institution. Thereafter, the Deputy Director Panchayat has visited the area and reported that the allegations are devoid of truth. This Court

W.P.(C).No.7004 of 2013 also disposed another in W.P.(C) NO.34381 of 2015 finding that the respondent is operating quarrying with valid permit. 5.

As matters stand now, the quarrying operation is being done based on the valid permit and licence. 6.

This Court is of the view that if the petitioners are affected by blasting operation of the quarry on account of any violation of conditions of quarrying permit, the petitioners are free to bring to the notice of the competent authority. Nothing has been placed before this Court to interfere with the quarrying operation. With the above liberty, the writ petition dismissed. Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/