Thanal Vedi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 PETITIONER(S) :- -----------------

1. THANAL VEDI A REGISTERED SOCIETY WITH REGISTRATION NO.1923/1999 PERUNKADAVILA, NEYYATTINKARA POST, THIRUVANANTHAPURAM REPRESENTED BY ITS GENERAL SECRETARY, S.UNNIKRISHNAN S/O.LATE SADASIVAN NAIR, AGED 48 YEARS KULANTHINKARA VEEDU, PERUNKADAVILA POST, NEYYATTINKARA THIRUVANANTHAPURAM, PIN-695 124.

2. S.UNNIKRISHNAN, AGED 48 YEARS S/O.LATE SADASIVAN NAIR, KULANTHINKARA VEEDU PERUNKADAVILA POST, NEYYATTINKARA, THIRUVANANTHAPURAM PIN-695 124.

BY ADVS.SRI.K.P.RAMACHANDRAN SRI.SANJAY THAMPI SMT.NIVYA VALSAN RESPONDENT(S) :- ------------------

1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001.

2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS ENVIRONMENTAL ENGINEER DISTRICT OFFICE, TC 12/96 (4, 5), PLAMOODU JUNCTION PATTOM POST, THIRUVANANTHAPURAM, PIN-695 004.

3. DIRECTOR DIRECTORATE OF MINING AND GEOLOGY, KESAVADASARPURAM PATTOM PALACE POST, THIRUVANANTHAPURAM, PIN-695 004.

4. THE DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM PIN-695 043.

5. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM, PIN-695 001.

6. PERUNKADAVILA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PERUNKADAVILA POST NEYYATTINKARA, TRIVANDRUM, PIN-695 124

7. DELTA M-SAND PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, VATTAKULAMALA ANAVOOR POST, NEYYATTINKARA THIRUVANANTHAPURAM-695 124.

8. THE TAHSILDAR TALUK OFFICE, HOSPITAL JUNCTION, NEYYATTINKARA POST THIRUVANANTHAPURAM , PIN-695 121.

9. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA, REPRESENTED BY ITS SECRETARY, PALLIMUKKU PETTAH POST, THIRUVANANTHAPURAM, PIN-695 024.

10. THE DIRECTOR, DEPARTMENT ENVIRONMENT AND CLIMATE CHANGE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 024. BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS BY SRI.M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1 : TRUE PHOTOSTAT COPY OF THE NOTIFICATION NO.2320/B1/86/GAD DATED 8-9-1987 OF THE KERALA GOVERNMENT. EXT.P2 : TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 2-8-2012 IN WPC.NO.18249/2012.

EXT.P3 : TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THE SECRETARY OF THE PERUMKADAVILA PANCHAYATH DATED 10-10-2012 AND ITS ENGLISH TRANSLATION.

EXT.P3-A : TRUE PHOTOSTAT COPY OF THE JUDGMENT (WITHDRAWAL) IN WPC.NO.8835/2015.

EXT.P4 : TRUE PHOTOSTAT COPY OF THE ORDER DATED 17-8-2011 ISSUED BY THE DIRECTOR, MINING AND GEOLOGY.

EXT.P5 : TRUE PHOTOSTAT COPY OF THE ORDER DATED 29-6-2011 ISSUED BY THE DIRECTOR, MINING AND GEOLOGY, GRANTING QUARRY LEASE TO THE 7TH RESPONDENT.

EXT.P6 : TRUE PHOTOSTAT COPY OF THE ORDER DATED 22-11-2013 ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA.

EXT.P7 : TRUE PHOTOSTAT COPY OF THE LICENSE DATED 27-3-2015 ISSUED BY THE PERUMKADAVILA GRAMA PANCHAYATH WITH ITS ENGLISH TRANSLATION.

EXT.P8 : TRUE PHOTOSTAT COPY OF THE EXPLOSIVE LICENSE DATED 21-2012. EXT.P9 : TRUE PHOTOSTAT COPY OF THE INTEGRATED CONSENT DATED 30-5-2014 BY THE STATE POLLUTION CONTROL BOARD. EXT.P10 : TRUE PHOTOSTAT COPY OF THE INTEGRATED CONSENT DATED 14-3-2013 BY THE STATE POLLUTION CONTROL BOARD. EXT.P11 : TRUE PHOTOSTAT COPY OF THE STATEMENT DATED 29-5-2014 FILED BY THE GEOLOGIST IN THE HRMP NO.3350/2014. EXT.P12 : TRUE PHOTOSTAT COPY OF THE REPORT DATED 28-5-2014 FILED BY THE ENVIRONMENTAL ENGINEER IN HRMP NO.3350/2014 WITH ITS ENGLISH TRANSLATION.

EXT.P13 : TRUE PHOTOSTAT COPY OF THE STATEMENT DATED 28-52014 FILED BY THE 7TH RESPONDENT IN HRMP NO.3350/2014.

EXT.P14 : TRUE PHOTOSTAT COPY OF THE ORDERS OF THE STATE HUMAN RIGHTS COMMISSION DATED 3-6-2014 IN HRMP NO.3350/2014 WITH ITS COVERING LETTER AND ENGLISH TRANSLATION.

EXT.P15 : TRUE PHOTOSTAT COPY OF THE ORDERS PASSED BY THE DISTRICT MAGISTRATE, THIRUVANANTHAPURAM DATED 10-5-2015 WITH ITS ENGLISH TRANSLATION.

EXT.P16 : TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 313-2014, SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, PERUNKADAVILA PANCHAYATH WITH ITS ENGLISH TRANSLATION. EXT.P17 : TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE DATED 22-3-2014 ISSUED BY THE VILLAGE OFFICER, PERUNKADAVILA WITH ITS ENGLISH TRANSLATION.

EXT.P18 : TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 171-2015 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF PERUMKADAVILA PANCHAYATH WITH ITS ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

----------------------------------------- W.P.(C) No.24811 of 2015 ----------------------------------------- Dated this the 30th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for the 2nd respondent.

2.

The petitioners, by this public interest litigation, challenge Ext.P4, which is an order dated 17.8.2011 issued by the Director of Mining and Geology as well as Ext.P10, which is an order dated 14.3.2013 issued by the Kerala State Pollution Control Board granting consent to operate rock quarrying. 3.

The petitioners' case in the writ petition is that under the provisions of the Kerala Ancient Monuments and Archeological Sites and Remains Act, 1968, the Government by notification dated 8.9.1987 notified that 'Pandavanpara' is a protected Monument. It is submitted that the mining operations are being conducted within 600 meters from the said protected Monument. It is submitted that the residents are also suffering from hardship on account of the mining operations and operations of heavy

W.P.(C) No.24811 of 2015 -: 2 :- lorries. On a specific query raised by us as to whether there is any statutory prohibition for running quarrying within the area of the said protected Monument, nothing could be pointed out by the learned counsel for the petitioners.

4.

Learned Standing Counsel appearing for the Pollution Control Board submits that since a consent has already been granted and if the petitioners are aggrieved by the same, they ought to have approached the statutory forum for challenging the said consent. Even against the grant of lease or mining permit, there is statutory forum provided under the statutory rules for redressal of grievance.

5.

In the facts of the present case, when a statutory redressal can be obtained from the competent authority, we are of the view that this writ petition cannot be entertained as a public interest litigation.

Accordingly, this writ petition is dismissed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/30.9.2015.