High Court of KeralaWP(C)/27137/2015disposed of

Preeth M v. Ministry Of Environment And Forests

2015-09-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 27137 of 2015 (N) ---------------------------- PETITIONER(S):

-------------- PREETH M, AGED 38 YEARS, S/O.MURALEEDHARAN R, RESIDING AT ASWATHY BHAVAN, MACHEL PO, THIRUVANANTHAPURAM 695571.

BY ADVS.SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ SRI.V.HARISH RESPONDENT(S):

--------------

1. MINISTRY OF ENVIRONMENT AND FORESTS PARYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD NEW DELHI 110003, REPRESENTED BY ITS SECRETARY

2. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT THIRUVNANTHAPURAM 695001

3. THE COMMISSINER OF LAND REVENUE LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE BUILDING OPPOSITE MUSEUM, VIKAS BHAVAN PO THIRUVNANATHAPURAM 695010

4. THE DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM 695043

5. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY THIRUVANANTHAPURAM 695033

6. KERALA STATE POLLUTION CONTROL BOARD HEAD OFFICE, THIRUVANANTHAPURAM 695004 REPRESENTED BY ITS CHIRMAN

7. ARUN VARGHESE MANAGING DIRECTOR M/S.KK.ROACK AND GRANITE INDIA PVT. LTD., KOTTAKKAL TC.2/3497, PATTOM, THIRUVANANTHAPURAM 695004 R7 BY ADV. SRI.BECHU KURIAN THOMAS (SR.) R7 BY ADV. SRI.PAUL JACOB (P) R7 BY ADV. SRI.ENOCH DAVID SIMON JOEL R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA R2 TO R5 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R6 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27137 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:A TRUE PHOTOCOPY OF THE PERMIT DATED 17.06.2015 ISSUED BY THE 5TH RESPONDENT P2:A TRUE PHOTOCOPY OF THE LETTER DATED 22.11.2011 BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT P3:A TRUE PHOTOCOPY OF THE LETTER DATED 31.03.2012 BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT P4:A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD AND 4TH RESPONDENTS P5:A TRUE PHOTOCOPY OF THE LETTER DATED 24.04.2015 BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT P6:A TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION NO. SO.394(E) DATED 16.04.1987 ISSUED BY THE 1ST RESPONDENT P7:A TRUE PHOTOCOPY OF THE GO(RT) NO.1222/2010/ID DATED 21.08.

2010 ISSUED BY THE ADDITONAL CHIEF SECRETARY TO THE GOVERNMENT INDUSTRIES DEPARTMENT P8:A TRUE PHOTOCOPY OF THE REPORT BY THE DEPUTY SUPERINTENDENT OF POLICE DATED 09.10.2012 UPON THE COMPLAINT P9:A TRUE PHOTOCOPY OF THE COMPLAINT DATED 25.05.2015 PREFERRED BEFORE THE RESPONDENTS NO.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 27137 of 2015 ---------------------------------------- Dated this the 22nd day of September, 2015

J U D G M E N T

The petitioner approached this Court challenging the operation of quarry by the seventh respondent. It is submitted by the seventh respondent that he possesses quarrying permitExt.P1. It appears that permit has been granted to the seventh respondent without obtaining necessary environmental clearance. If the seventh respondent did not obtain environmental clearance, the fifth respondent should ensure that activities of the seventh respondent based on Ext.P1 are stopped forthwith. All other issues raised in the writ petition are left open.

The writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/