Nevin George v. District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 ---------------------------- PETITIONERS :

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1. NEVIN GEORGE AGED 28 YEARS S/O.P.C.GEROGE, PANACHINANICKAL HOUSE, THEKKETHARA PAHZYANNUR P.O., THRISSUR DISTRICT, PIN-680 587.

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

3. BIJI AGED 41 YEARS S/O.JOHN, ATHIRAKULANGARA, PAZHAYANNOOR P.O.

VELLAPPARA, THRISSUR DISTRICT.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA SMT.SURYA BINOY RESPONDENTS :

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1. DISTRICT COLLECTOR AYYANTHOLE, THRISSUR, PIN-680 003.

2. THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR-680 003.

3. THE SECRETARY DISTRICT LAND BOARD, THRISSUR-680 003.

4. THE DEPUTY COLLECTOR LAND REFORMS, THRISSUR-680 003.

5. THE TAHSILDAR TALAPPILLY TALUK, THRISSUR-680 623.

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

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

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

9. THE SUPERINTENDENT OF POLICE, THRISSUR-680 003.

10. THE SUB INSPECTOR OF POLICE PAZHAYANNUR POLICE STATION, THRISSUR-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 CENTER, PALAKKAD, PIN-682 001. R1 TO R10 BY SPL.GOVERNMENT PLEADER, SMT. GIRIJA GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXT.P1. TRUE COPY OF THE JUDGMENT IN WPC N O.22410/20015 DATED 10/8/2015.

EXT.P2. TRUE COPY OF THE MINERAL TRANSIT PASS DATED 24/10/2015. EXT.P2(A). TRUE COPY OF THE INVOICE DATED 01/10/2015 ISSUED BY THE 12TH RESPONDENT.

EXT.P2(B). TRUE COPY OF THE INVOICE DATED 12/10/2015 ISSUED BY THE 12TH RESPONDENT.

EXT.P3. TRUE COPY OF THE DECISION OF THIS HONOURABLE COURT REPORTED IN 2009 (3) KHC 682.

EXT.P4. TRUE COPY OF THE QUARRYING PERMIT ISSUED UNDER THE KERALA MINOR MINERAL CONCESSION RULES DATED 24/7/2013 TO THE 12TH RESPONDENT.

EXT.P5. TRUE COPY OF THE PERMIT ISSUED BY THE 1TH RESPONDENT PANCHAYATH DATED 22/7/2013.

EXT.P6. TRUE COPY OF THE LETTER OBTAINED UNDER THE RI ACT DATED 27/2/2015 ALONG WITH ITS TRUE ENGLISH TRANSLATION. EXT.P7. TRUE COPY OF THE INFORMATION PROVIDED BY THE SECRETARY OF 11TH RESPONDENT PANCHAYATH ON 8/1/2014 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

EXT.P8. TRUE COPY OF THE REPRESENTATION FILED BYTHE PAZHAYANNUR PRAKRITI SAMRAKSHANA SAMITHI BEFORE THE ADM DATED 28/1/2014 THRISUR ALONG WITH TRUE ENGLISH TRANSLATION.

EXT.P9. 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.P10. TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE ADDL. DISTRICT MAGISTRATE, THRISSUR DATED 11/3/2015 ALONG WITH TRUE ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 31582 of 2015 --------------------------------------------------------------- Dated this the 16th day of October, 2015

JUDGMENT

Shaffique, J Petitioners have filed this public interest litigation inter alia contending that the Respondent No.12 is conducting quarrying operations without obtaining environmental clearance from the competent authority. In fact an earlier writ petition was filed by the writ petitioner as W.P(C) No.22410 of 2015 seeking the very same relief. The said case was disposed of by judgment dated 10.8.2015, when it was informed respondent No.12 had stopped the quarrying activity.

2. We have already indicated in the said judgment that no mining activity could be conducted without obtaining necessary environmental clearance. The further questions raised by the petitioners were left open to be raised in appropriate proceedings.

3. Learned Government Pleader who appears on behalf of

W.P(C).31582/15 respondents 1 to 10 submits that though petitioners had contended that quarrying activity is being continued by the respondent No.12 without environmental clearance, the petitioners have not ventilated their grievance before any of the authorities.

4. Apparently if there is any such illegality being committed as alleged by the petitioner, the petitioner will have to approach the District Collector, who shall look into the matter and do the needful.

With the above observation, the writ petition is closed. ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE sou.

// True Copy // P.A. To Judge