High Court of KeralaWP(C)/22410/2015disposed of

Nevin George v. District Collector

2015-08-10Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 PETITIONER(S) :- ------------------

1. NEVIN GEORGE, AGED 28 YEARS S/O.P.C.GEORGE, PANACHINANICKAL HOUSE, THEKKETHARA PAZHAYANNUR P.O., THRISSUR DISRICT, PIN: 680 587.

2. ROOPAN GEORGE, AGED 33 YEARS S/O.P.C.GEORGE, PANACHINANICKAL HOUSE, THEKKETHARA PAZHAYANNUR P.O., THRISSUR DISRICT, PIN: 680 587

3. BIJU, AGED 41 YEARS, S/O.JOHN, ATHIRAKULANGARA, PAZHAYANNOOR P.O., VELLAPPARA THRISSUR DISTRICT.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S) :- ------------------

1. DISTRICT COLLECTOR AYYANTHOE, THRISSUR, PIN: 680 003.

2. ADDITIONAL DISTRICT MAGISTRATE THRISSUR, PIN: 680 003.

3. CHAIRMAN TALUK LAND BOARD, THRISSUR, PIN: 680 003.

4. DEPUTY COLLECTOR LAND REFORMS, THRISSUR, PIN: 680 003.

5. TAHSILDAR, TALAPPILLY TALUK THRISSUR, PIN: 680 623.

6. DEPUTY TAHSILDAR LAND REFORMS, TALAPPILLY TALUK, THRISSUR - 680 623.

7. VILLAGE OFFICER PAZHAYANNUR, TALAPPILLY TALUK, THRISSUR - 680 587.

8. SENIOR GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY THRISSUR, PIN: 680 003.

9. SUPERINTENDANT OF POLICE THRISSUR, PIN: 680 003.

10. SUB INSPECTOR OF POLICE PAZHAYANNUR POLICE STATION, THRISSUR, PIN: 680 587.

11. PAZHAYANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PAZHAYANNUR P.O. THRISSUR - 680 587.

12. NILA METALS LTD, REPRESENTED BY ITS PROPRIETOR, A.G.MADHAVAN, 513/49 STADIUM BYPASS ROAD, AKSHAYA FOUNDATION NEAR TRINITY EYE CENTRE, PALAKKADU, PIN: 628 001. R11 BY ADV. SRI.P.N.MOHANAN R12 BY ADV. SRI.N.JAMES KOSHY BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

APPENDIX PETITIONER(S)' EXHIBITS :- EXT.P1: TRUE COPY OF THE DECISION OF THIS HON'BLE COURT REPORTED IN 2009(3) KHC 682.

EXT.P2: TRUE COPY OF QUARRYING PERMIT ISSUED UNDER THE KERALA MINOR MINERAL CONCESSION RULES DATED 24/7/2013 TO THE 12TH RESPONDENT.

EXT.P3: TRUE COPY OF THE PERMIT ISSUED BY THE 11TH RESPONDENT PANCHAYATH DATED 22/7/2013.

EXT.P4: TRUE COPY OF THE LETTER OBTAINED UNDER THE RIGHT TO INFORMATION ACT DATED 27/02/2015 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

EXT.P5: A TRUE COPY OF THE INFORMATION PROVIDED BY THE SECRETARY OF 11TH RESPONDENT PANCHAYATH ON 8/1/2014 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

EXT.P6: TRUE COPY OF THE REPRESENTATION FILED BY PAZHAYANNUR PRAKRITI SAMRAKSHANA SAMITHI BEFORE THE ADM DATED 28/1/2014, THRISSUR ALONG WITH TRUE ENGLISH TRANSLATION. EXT.P7: TRUE COPY OF THE REPORT DATED 21/2/2014 SENT BY THE TAHSILDAR; TALAPPILLY TALUK TO THE DISTRICT COLLECTOR ALONG WITH TRUE ENGLISH TRANSLATION.

EXT.P8: TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR DATED 11/3/2015 ALONG WITH TRUE ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.22410 of 2015 ------------------------------------- Dated this the 10th day of August 2015

J U D G M E N T

Shaffique, J.

This public interest litigation has been filed seeking for a direction to respondents 1 to 11 to ensure that 12th respondent is not conducting any quarrying activity in the property covered by Exts.P2 and P3 without obtaining environmental clearance. 2.

Learned counsel appearing for the 12th respondent submits that they do not have environmental clearance and accordingly, they informed the Geologist, Department of Mining and Geology that they have stopped the mining activity in the said site and they will restart the activity only after getting environmental clearance from the competent authority or after getting necessary permission from the Government or from this Court.

Now, that the 12th respondent had stopped the quarrying activity, we do not think that any further direction as sought for is required to be passed in this writ petition. The governmental authority shall ensure that no mining activity

W.P.(C) No.22410 of 2015 -: 2 :- without obtaining necessary environmental clearance is being carried out by any person. The other questions raised by the petitioners are left open to be raised in appropriate proceedings. This writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt