Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 24650 of 2010 (E) ---------------------------- PETITIONER : -------------------------- 1. AVIRA THOMAS,AGED60YEARS, S/O.THOMAS AVIRA, 345 KOKKATTU MUNDAYCKAL, MULAYARACHAL, 7 CHERIYA VELINELLOOR, VELINELLOOR, KOLLAM DISTRICT.
2. KUNJACHAN, S/O.MATHAI, AGED55YEARS, SAMSON COTTAGE, ARAKKANNOOR P.O., KARAKKAL, AYOOR, KOLLAM DISTRICT.
3. ABDUL SALAM, AGED48YEARS, S/O.SULAIMAN, PARASILA PUTHEN VEEDU, KARAKKAL, ARKANNOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM,PIN-691 001 2. THE GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY, KOLLAM.PIN-691 004 3. THE TAHSILDAR, KOTTARAKKARA.PIN-691 506 4. SHRI.S.NOUSHAD, THETTIKKATTIL HOUSE, CHEKKUR, NETTAYAM P.O., AMBALAMKUNNU, KOLLAM DISTRICT.PIN-691 537 5. SHRI.S.A.RASHEED, PARAVILA VEEDU, CHERIYA VELINALLUR, P.O. OYUR, PIN-691 510, KOLLAM.
6. SHRI. RAGHU, DEEPALAYAM, MUTTARA, ODANAVATTAM P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 512 7. SHRI. SYJU, AKKAVILA HOUSE, ERAVIPURAM P.O., KOLLAM DISTRICT.PIN-691 011 R1 TO R3 BY SR GOVERNMENT PLEADER SRI.P.M.SANEER R4 BY ADV. SRI.JACOB P.ALEX R4 BY ADV. SRI.JOSEPH P.ALEX R5 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR R6 BY ADV. SRI.JOBI JOSE KONDODY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24650/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE IDENTITY CARD ISSUED TO THE1T PETITIONER BY THE ELECTORAL REGISTRATION OFFICER, NEDUVATHUR P2 COPY OF THE RECEIPT DATED1412/08 OF THE SECRETARY, VELINELLOOR GRAMA PANCHAYAT FOR PAYMENT OF PROPERTY TAX IN RESPECT OF HOUSE OF THE1T PETITIONER. P3 COPY OF THE IDENTITY CARD ISSUED BY2D PETITIONER ELECTORAL REGISTRATION OFFICER, NEDUVATHUR. P4 COPY OF THE BASIC TAX RECEIPT DATED611/2007 FOR PAYMENT OF BASIC TAX IN RESPECT OF PROPERTY OF THE2D PETITIONER. P5 COPY OF THE IDENTITY CARD ISSUED TO THE3D PETITIONER BY ELECTORAL REGISTRATION OFFICER, NEDUVATHOOR. P6 COPY OF THE RECEIPT ISSUED BY SECRETARY, VELINELLOOR GRAMA PANCHAYAT, FOR PAYMENT OF PROPERTY TAX IN RESPECT OF THE HOUSE OF THE3D PETITIONER. P7 COPY OF THE QUARRY IN GOVERN LAND WHERE ILLEGAL QUARRYING CONDUCTED BY RESPONDENTS4TO7P8 COPY OF THE REPRESENTATION DATED214/2010 SUBMITTED BY THE KARAKKAL-MULAYARACHAL POURA SAMITHI, ARKANNOOR, VELINELLOOR, KOLLAM TO THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. P9 COPY OF THE LETTER DATED214/2010 OF THE DIRECTOR GENERAL OF POLICE TO THE SUPERINTEND OF POLICE, KOLLAM. RESPONDENT'S EXHIBITS: R5(A) COPY OF THE PERMIT ISSUED BY THE3D RESPONDENT ON2911/2012 R5(B) COPY OF THE CONSENT DATED1201/2010 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD R5(C) COPY OF THE MEMORANDUM NO.E/SC/KL/22/1097(E45831) DATED3009/2010 R5(D) COPY OF THE SHORT FIRE CERTIFICATE NO.E/SE/KL/30/301(E62521) DATED1606/2012 R5(E) COPY OF THE LICENSE NO.A5.351/11-12 DATED3103/2012 ISSUED FROM THE VELINELLOOR GRAMA PANCHAYAT R5(F) COPY OF THE REPORT NO.B-20940/2005 DATED0403/2006 OF THE3D RESPONDENT. /TRUE COPY/ sts P.S.TO.JUDGE BABU MATHEW P. JOSEPH, J.
= = = == = = = = = = = = = = = = = = W.P.(C) No. 24650 of 2010 = = = = = = = = = = = = = = = = = = = Dated this the 11th day of February, 2014 JUDGMENT
This writ petition has been filed for a direction to the respondents 1 to 3 to stop the quarrying activities of the respondents 4 to 7 in Government land and for other reliefs.
2. Heard the learned counsel appearing for the petitioners, learned Senior Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the respondents 4 to 7.
3. This Court passed an interim order in this writ petition on 12.01.2011 directing the respondents 1 to 3 not to allow the respondents 4 to 7 to conduct quarrying activities in Sy.Nos.368, 369, 324 and 329 in Velinallur Village, Kottarakkara Taluk, unless they have all necessary and current licences.
4. A counter affidavit has been filed for and on behalf of the 2nd respondent in which certain steps to be taken are WPC246502010 2 narrated in paragraph 10 for protecting the ecologically fragile land from environmental deterioration and clandestine removal of granite building stones. In the light of the interim order passed by this Court and the suggestions made in the counter affidavit, this writ petition is disposed of with a direction to the respondents 1 to 3 to consider the suggestions narrated as items 1 to 7 in paragraph 10 of the counter affidavit while granting permission/licence to the respondents 4 to 7 for conducting quarrying operations. If the petitioners want to point out any more matters in respect of the quarrying operations before the concerned authorities, they are free to do the same before those authorities. Sd/- BABU MATHEW P. JOSEPH JUDGE ks. WPC246502010 3