Abdul Nazar P. v. District Collector, Wayanad; Tahsildar, Vyathiri; Village Officer, Kalpetta; Divisional Forest Officer, South Wayanad Division, Kalpetta

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 29TH DAY OF NOVEMBER 2013/8TH AGRAHAYANA, 1935 WP(C).No. 2373 of 2012 (V) --------------------------- PETITIONER: ---------- ABDUL NAZAR P. AGED 48 YEARS S/O.KUNJABDULLA HAJI, RESIDING AT EMILY KALPETTA NORTH P.O.-673 122, WAYANAD DISTRICT. BY ADVS.SRI.S.V.BALAKRISHNA IYER (SR.) SRI.P.B.KRISHNAN RESPONDENTS: ----------- 1. THE DISTRICT COLLECTOR WAYANAD, POST KALPETTA-673 121. 2. THE TAHSILDAR, VYTHIRI, POST VYTHIRI-673 576. 3. THE VILLAGE OFFICER, KALPETTA, POST KALPETTA-673 121. Addl.4. THE DIVISIONAL FOREST OFFICER SOUTH WAYANAD DIVISION, KALPETTA. ADDL. R4 IS IMPLEADED AS PER ORDER DATED 05/09/2012 IN IA 11202/2012. R1-R3 BY SPL.GOVERNMENT PLEADER SRI.M.P.MADHAVANKUTTY BY ADV. SRI.A.S.SAJUSH PAUL(ADVT. COMMSR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2013, THE COURT ON 29-11-2013 DELIVERED THE FOLLOWING: ## **APPENDIX TO W.P.C.NO.2373 OF 2012** ## **PETITIONER'S EXHIBITS:** EXT.P1: TRUE COPY OF LICENCE DATED 30/5/2011 BEARING NO.PH XIV/14/11-12 ISSUED BY THE KALPETTA MUNICIPALITY. EXT.P2: TRUE COPY OF THE CONSENT DATED 31/3/2010 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P3: TRUE COPY OF THE QUARRYING PERMIT DATED 19/10/2011 ISSUED BY THE GEOLOGIST UNDER THE KERALA MINOR MINERAL CONCESSIONS RULES, 1967. EXT.P4: TRUE COPY OF THE LICENCE DATED 01/03/2011 ISSUED UNDER THE EXPLOSIVES ACT AND RULES. EXT.P5: TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, KERALA FIRE AND RESCUE SERVICES, KALPETTA DATED 28/4/2010. EXT.P5(a): TRUE COPY OF THE SKETCH APPENDED TO IN EXT.P6. EXT.P6: TRUE COPY OF THE CERTIFICATE DATED 12/2/2004 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES. EXHIBIT P7: TRUE COPY OF THE STOP MEMO DATED 31/10/2011 ISSUED BY THE VILLAGE OFFICER KALPETTA. EXHIBIT P8: TRUE COPY OF THE REPORT DATED NIL OF THE ADDITIONAL DISTRICT MAGISTRATE WAYANAD AND OTHERS. EXHIBIT P9: TRUE COPY OF THE OBJECTIONS DATED 31/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR/ADDITIONAL DISTRICT MAGISTRATE. EXHIBIT P10: TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY CERTAIN LOCAL RESIDENTS OF THE LOCALITY AND OTHERS. EXHIBIT P11: TRUE COPY OF THE JUDGMENT DATED 14/11/2011 IN WPC.30198/2011. EXHIBIT P12: TRUE COPY OF THE REPORT OF THE GEOLOGIST DATED 1/12/2011 BEARING NO.DOW/M-1124/2011. EXHIBIT P13: TRUE COPY OF THE REPORT DATED 4/11/2011 BEARING NO.G15518/2011 OF THE DEPUTY COLLECTOR. EXHIBIT P14: TRUE COPY OF THE CERTIFICATE DATED 18/10/2011 BEARING NO.MISC-703/2011 ISSUED BY VILLAGE OFFICE,R KALEPTTA. EXHIBIT P15: TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DISTRICT COLLECTOR DATED 27/12/2011 BEARING NO.L-2/30012/2011.K.DIS. ## **RESPONDENT'S EXHIBITS:** NIL //TRUE COPY// PA TO JUDGE // True Copy// PA to Judge ## **A.M.SHAFFIQUE, J** ## *** * * * * * * * * * * * *** W.P.C.No.2373 of 2012 ---------------------------------------- Dated this the 29[th] day of November 2013 ## **J U D G M E N T** This writ petition is filed challenging Ext.P15, an order passed by the District Collector disposing of a representation submitted by the petitioner, requesting the District Collector to revoke a stop memo issued against the petitioner from operating a quarry, for which, according to the petitioner he has all the necessary licence and permission. 2. The petitioner claims that he has a licence from the Municipality as per Ext.P1 which is valid for a period upto 2012. Ext.P2 is the consent to operate issued by the Kerala State Pollution Control Board which is valid till 28/02/2013. Ext.P3 is a quarrying permit issued by the Geologist, permitting extraction of Granite Building Stone from the quarry having an extent of 15 ares in survey Nos.154/2 and 155 under the Kerala Minor Mineral Concession Rules, 1967. The quarrying permit is for a period of one year from W.P.C.No.2373/12 2 19/10/2011, the date of issue. Ext.P4 dated 01/03/2011 is the explosive licence issued by the Additional District Magistrate which was valid till 2011. 3. By Ext.P7 dated 31/10/2011 the Village Officer issued a stop memo stating that quarrying operations are being done in Re-Sy.No.150 pt. coming under Block No.19 of Kalpatta village without valid permission and therefore, the said activity has to be stopped with immediate effect. After conducting an enquiry by the Additional District Magistrate along with the Revenue Officers and Geologist, Ext.P8 report was prepared thereby indicating that the area of quarrying operation has not been separately demarcated. Petitioner has submitted representation to the District Collector in terms with Ext.P9 dated 31/10/2011 stating that he should be permitted to operate the quarry by revoking the stop memo. When no orders were passed in the matter he approached this Court by filing W.P.C.No.30198 of 2011. By judgment dated 14/11/2011, this Court directed orders to be W.P.C.No.2373/12 3 passed in the matter. Ext.P13 is the report relating to quarrying operation. It is indicated that the quarry being conducted by the petitioner is near the forest and therefore, the quarrying operation should be stopped. Pursuant to the direction of this Court Ext.P15 order is passed. 4. The main contention raised by the petitioner is that the Divisional Forest Officer has no role to play with reference to the quarrying permission. When the competent authority had already given appropriate permission there was no reason for the Forest Department to interfere in the matter. 5. Counter affidavit is filed by the first respondent supporting the stand taken in Ext.P15. 6. An Advocate Commissioner was deputed for inspecting the site. He had filed a report and an objection was filed by the 4[th] respondent. 7. Having regard to the nature of contentions urged, prima facie, it appears that the permission granted by the W.P.C.No.2373/12 4 local authority and other statutory authorities have already expired. In that view of the matter, petitioner can operate the quarry only if he obtains fresh permission in accordance with the statutory requirements relating to the same. 8. The learned Government Pleader also relied upon the judgment of the Supreme Court in **Deepak Kumar v. State of Haryana and others** _[2012 AIR SCW 1954]_ in which the Supreme court has indicated at paragraph 18 that the State Governments and Union Territories should take immediate steps to frame Rules under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 taking into consideration the recommendations of MoEF and model guidelines framed by the Ministry of Mines, Government of India. It is further indicated that in the meanwhile, leases of minor mineral including their renewal for an area of less than 5 hectares can be granted by the States only after getting environmental clearance from MoEF. It is submitted that the Government has issued an W.P.C.No.2373/12 5 order dated 11/12/2012 as per G.O.(MS)No.144/2012/ID indicating that short term permits can be granted in respect of minor minerals in private holdings which are not leases on Government lands subject to satisfaction of the various requirements specified under the Kerala Minor Mineral Concession Rules 1967. It is further stated that the said order will be subject to the clarification petition proposed to be filed by Government of Kerala before the Supreme Court. 9. Having regard to the nature of contentions urged in the above case, I am of the view that since the petitioner's licence/permission has already expired, there is no point in deciding this writ petition on merits. Hence this writ petition is disposed of as under: i) In the event of the petitioner filing application for renewal of his licence or permission, the same shall be considered by the respective authorities in accordance with law. W.P.C.No.2373/12 6 ii) If the petitioner is in a position to obtain such licence/permission, it is open for him to approach the District Collector for modification of Ext.P15 order and in such an event the same shall be considered afresh. ii) The District Collector shall also consider whether any specific permission is required from the Forest Department in the matter. (sd/-) ## **(A.M.SHAFFIQUE, JUDGE)** jsr