P.C.Syed Mohammed v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39775 of 2015 (V) ---------------------------- PETITIONER :

--------------------- P.C. SYED MOHAMMED MANAGING PARTNER, CRESCENT GRANITE PRODUCTS OLD LAKKIDI, AKALOOR P.O., PALAKKAD - 679 302.

BY ADVS.SRI.SANTHEEP ANKARATH SRI.Y.JAFAR KHAN RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2.

DIRECTOR STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PETTA POST, THIRUVANANTHAPURAM - 695 024.

3.

GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, PALAKKAD - 678 001.

R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 39775 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE LICENCE NO. A4-159/14-15 DATED 15.5.2014 ISSUED BY LAKKIDI PEROOR GRAMA PANCHAYAT.

EXT.P2 COPY OF D & O LICENCE NO. A4-4/16/2015-16 DATED 4.6.2015 ISSUED BY LAKKIDI PEROOR GRAMA PANCHAYAT.

EXT.P3 COPY OF QUARRYING PERMIT DATED 30.4.2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXT.P4 COPY OF QUARRYING PERMIT DATED 8.6.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXT.P5 COPY OF LICENCE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES TO THE PETITIONER (NO.E/SC/KL/22/842 (E38693). EXT.P6 COPY OF THE CONSENT VARIATION ORDER DATED 2.6.2015 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD.

EXT.P7 COPY OF ORDER NO. D.O.P/1352/2012/A1 DATED 26.11.2015 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE Mn

A. MUHAMED MUSTAQUE, J.

----------------------------------------------------- W.P.(C).No.39775 of 2015 ---------------------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner claims that he is having a quarrying permit on 09/02/2015 and therefore, he is entitled for renewal of quarrying permit without environmental clearance.

The petitioner's quarrying permit has been cancelled as per Ext.P7 stating that he cannot quarry without environmental clearance. In the light of Ext.P3 and in the light of the interim order of the Hon'ble Supreme Court, Ext.P7 is quashed. However, the quarrying will be subject to further orders of the Hon'ble Supreme Court.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr