Biju Mon R @ Biju; Gopakumar R; Sajeev R v State of Kerala and others (W.P.(C) No.10035 of 2020)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 21ST DAY OF MAY 2020 / 31ST VAISAKHA, 1942 WP(C).No.10035 OF 2020(D)** ## **PETITIONER/S:** - **1 BIJU MON R @ BIJU, AGED 41 YEARS S/O REGHUNATHAN PILLAI,SANGEETHA BHAVAN,NETTARA,KUTHIRAKULAM.P.O, MANICKAL,THIRUVANANTHAPURAM-695615.** - **2 GOPAKUMAR.R, AGED 49 YEARS S/O.RAVEENDRAN NAIR,IDAVILAKATH VEEDU,IDATHARA,KUTHIRAKULAM.P.O, MANICKAL,THIRUVANANTHAPURAM-695615.** - **3 SAJEEV.R, AGED 49 YEARS S/O.RAVEENDRAN,EENDHIVILA VEEDU, CHEERNIKKARA.P.O,VEMBAYAM, THEAKADA,THIRUVANANTHAPURAM-695615.** - **BY ADV. SMT.SREEDEVI KYLASANATH** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR,MINING AND GEOLOGY, GOVERNMENT OF KERALA,VIKAS BHAVAN.P.O, THIURUVANANTHAPURAM-695033.** - **3 THE KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT COMMITTEE, PALLIMUKKU-KANNANMOOLA ROAD, VELAKUDI,PETTAH.P.O, THIRUVANANTHAPURAM695024, REPRESENTED BY ITS CHAIRMAN.** - **4 THE DISTRICT COLLECTOR, COLLECTORATE,KODAPPANAKKUNNU.P.O, THIRUVANANTHAPURAM-695043.** ::2:: **WP(C).No.10035 OF 2020(D)** - **5 THE TAHASILDAR, TALUK OFFICE, NEDUMANGAD, NEDUMANGAD.P.O, THIRUVANANTHAPURAM-695541.** - **6 THE VILLAGE OFFICER, MANICKAL VILLAGE,MANICKAL.P.O, NEDUMANGAD,THIRUVANANTHAPURAM-695606.** - **7 THE GEOLOGIST, DISTRICT OFFICE,KODAPPANAKUNNU.P.O, THIRUVANANTHAPURAM-695043.** - **8 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,PATTOM.P.O, THIURUVANANTHAPURAM-695004.** - **9 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KAKKANAD,CSEZ P.O,KAKKANAD, ERNAKULAM-682037.** - **10 THE VEMBAYAM GRAMA PANCHAYATH, REP.BY ITS SECRETARY,VEMBAYAM.P.O, THIRUVANANTHAPURAM-695615.** - **11 THE MANICKAL GRAMA PANCHAYATH, REP.BY ITS SECRETARY,PIRAPPANCODE.P.O, THIRUVANANTHAPURAM-695607.** - **12 COVENANT STONES(PVT.)LIMITED,KATTA, REPRESENTED BY ITS MANAGING DIRECTOR SRI.NOBLE JOHN,CHEERNIKKARA.P.O, VEMBAYAM, NEDUMANGAD,THIRUVANANTHAPURAM-695013.** ## **OTHER PRESENT:** **SRI.K.J.MANU RAJ, GOVT.PLEADER, SRI.M.P.SREEKRISHNAN, SC, SRI.T.NAVEEN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ::3:: **WP(C).No.10035 OF 2020(D)** ## **ALEXANDER THOMAS, J** . ----------------------------W.P(C).No.10035 Of 2020 --------------------------------Dated this the 21[st] day of May, 2020. ## **J U D G M E N T** The petitioners would allege that the 12[th] respondent is conducting a quarry in an illegal manner and causing great destruction to the environment and also causing damage to the nearby properties of the petitioners and other properties of the locality. Further one of the allegations raised by the petitioners is to the effect that Ext.P-1 Environmental Clearance was issued on 27.11.2014 in favour of the 12[th] respondent by the 3[rd] respondentState Environmental Impact Assessment Authority, for a period of 5 years which was up to 26.11.2019 and that therefore the 12[th] respondent has submitted an application for extension of the validity period of Ext.P-1 EC for a further period. That the said application for extension of EC was accompanied by forged mining plans and it is on the basis of such illegality committed by the 12[th] respondent that he could secure Ext.P-7 proceedings dated 12.12.2019 of the 3[rd] respondent granting extension of the EC for a further period of 6 months which is also to expire on 26.5.2020. ::4:: **WP(C).No.10035 OF 2020(D)** Further that there are various other serious illegalities committed by the 12[th] respondent in transporting the quarried materials in excess of the permitted quantity and violating the transit pass, etc. That the 5[th] respondent-Tahsildar has issued Ext.P-3 stop memo dated 7.3.2020 ordering that the 12[th] respondent shall stop the quarrying activities and that Ext.P-3 stop memo is still current and has not been withdrawn or modified till date. That in spite of all these, the 12[th] respondent is carrying out the quarrying activities in blatant violation of law and also in violation of the directions issued by the 5[th] respondent-Tahsildar as per Ext.P-3 stop memo. The petitioners have submitted various representations like Ext.P-2 dated 17.1.2020 before the 2[nd] respondent-Director of Mining and Geology, Ext.P-4 dated 11.5.2020 and Ext.P-5 dated 14.5.2020 both before the 7[th] respondent-District Geologist, Thiruvananthapuram, as well as Ext.P-8 dated 13.5.2020 before the 4[th] respondent-District Collector and Ext.P-6 representation before the Government pointing out all these aspects and seeking for directions that the quarrying activities of the 12[th] respondent are stopped without any further delay. It is in the light of these aspects, that the petitioners have filed the instant Writ Petition (Civil) has been filed seeking the following prayers: ::5:: ## **WP(C).No.10035 OF 2020(D)** - _“i. To call for the records leading to Ext.P-1 from the 3[rd] respondent and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P1 Environmental Clearance granted by the 3[rd] Respondent to the 12[th] Respondent to conduct quarrying operations to M/s. Covenant Stones Private Limited for the irregularities, fraud and forging of the mining plan by the 12[th] Respondent._ - _ii. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 11 to take effective measures so as to curb the illegal quarrying and blasting operations conducted by the 12[th] Respondent M/s. Covenant Stones Private Limited in 81.50 Ares 2 hector, 89 Ares, 68 Sq. Meters, 42 Ares 40 Sq.Meters, 27 Ares 60 Sq.Meters, 96 Ares 20 Sq.Meters and 2 hector 72 Ares 60 Sq.Meters of properties comprised in Re-Sy.No.472/4, 470, 472/5, 472/6, 474/1 and 474/1-2 in Block No.29 of Property in Manikkal Village in violation of the permit of license issued by the statutory authorities and by implementing Ext.P-3 Stop Memo._ - _iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing Respondents 1 to 11 to take effective measures to restrain the 12[th] Respondent M/s.Covenant Stones Private Limited from conducting illegal quarrying and blasting operations in 81.50 Ares 2 hector, 89 Ares, 68 Sq. meters, 42 Ares 40 Sq.Meters, 27 Ares 60 Sq.Meters, 96 Ares 20 Sq.Meters and 2 hector 72 Ares 60 Sq.Meters of properties comprised in Re-Sy.No.472/4, 470, 472/5, 472/6, 474/1 and 474/1-2 in Block No.29 of Property in Manikkal Village in violation of the permit of license from the statutory authorities by initiating effective legal action._ - _iv. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 11 to afford the Petitioner and the People of locality an opportunity of being heard before issuing any licence or Permit to the 12[th] Respondent M/s. Covenant Stone Private Limited._ - _v. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”_ 2. Heard Smt.Sreedevi Kylasanath, learned counsel appearing for the petitioners, Sri.K.J.Manuraj, learned Government Pleader appearing for respondents 1, 2 & 4 to 7 and Sri.M.P.Sreekrishnan, learned Standing Counsel for the Kerala State Environmental Impact Assessment Authority, appearing for the 3[rd] respondent and Sri.T.Naveen, learned Standing Counsel for the Kerala State Pollution Control Board, appearing for the 8[th] ::6:: ## **WP(C).No.10035 OF 2020(D)** respondent. In the nature of the orders that is proposed to be passed in this petition, notice to respondents 9 to 12 will stand dispensed with. 3. To a specific query raised by this Court as regards the allegation raised by the petitioners that Ext.P-7 extension of the EC was made in respect of an application which was accompanied by forged mining plans, etc., Sri.M.P.Sreekrishnan, learned Standing Counsel for the 3[rd] respondent-authority would submit that the said authority has received a complaint in that regard and since mining plans are said to have been issued by the authorities of the Mining and Geology Department, the 3[rd] respondent has sent a communication to the 2[nd] respondent-Director of Mining and Geology asking for the explanation so as to ascertain as to whether the mining plans are manipulated or correct, etc., and reply from the 2[nd] respondent-Director of Mining and Geology is still awaited. The petitioners would strongly assert that Ext.P-3 stop memo is still current and has not been withdrawn by the 5[th] respondent and inspite of that the 12[th] respondent is continuing the quarry, etc. As of now, it appears from the pleadings and materials that even the validity period of the environmental permit as per Ext.P-7 is only up to 26.5.2020. ::7:: **WP(C).No.10035 OF 2020(D)** 4. Since the petitioners have already approached various authorities for ventilating their grievances, it is only better in the fitness of things that the said authorities examine those complaints so as to take appropriate action in accordance with law and therefore it cannot be right and proper for this Court to enter into the merits of the controversy in any manner. Accordingly, the following orders and directions are passed: - _(i) The 4[th] respondent-District Collector will ensure that a joint enquiry may be conducted by the 7[th] respondent-Geologist and the 5[th] respondent-Tahsildar into the various allegations made by the petitioners, except the allegation regarding the manipulation of documents, etc., and the 5[th] & the 7[th] respondents may conduct such enquiry with due prior notice to the 12[th] respondent as well as one among the petitioners and then may give their report in the matter to the 4[th] respondent-District Collector within one month from the date of production of a certified copy of this judgment._ - _(ii) After receipt of the said enquiry reports, the 4[th] respondentDistrict Collector will ensure that copies of the said reports are given to the 12[th] respondent as well as to the 1[st] petitioner and thereafter reasonable opportunity of being heard to the petitioners as well as 12[th] respondent is granted and thereafter the 4[th] respondent-District Collector will take appropriate decisions in the matters raised in Ext.P-8 dated 13.5.2020 without much delay, preferably within a period of 6 weeks from the date of receipt of the enquiry report to be submitted by the 5[th] & 7[th] respondents as aforesaid._ - _(iii) Until appropriate orders are passed by the 4[th] respondentDistrict Collector on the matters raised in Ext.P-4 petition as aforedirected, it shall be ensured that directions in Ext.P-3 stop memo are enforced if the same has not been vacated or modified._ - _(iv) The 2[nd] respondent-Director of Mining and Geology will immediately take up the matters on which clarification has been sought by the 3[rd] respondent-Kerala State Environment Impact Assessing Authority regarding the_ ::8:: **WP(C).No.10035 OF 2020(D)** _allegations that the application for extension of EC was accompanied by false/ manipulated mining plans, etc., and should give reply thereto to the 3[rd] respondent within a period of 3 weeks from the date of receipt of a certified copy of this judgment._ 5. The petitioners will ensure that copies of this judgment along with copies of memorandum of this Writ Petition with all exhibits are furnished to the 4[th] respondent-District Collector and the 7[th] respondent-Geologist. 6. The Registry will forward copies of this judgment to the 4[th] respondent-District Collector as well as to the 12[th] respondent at the cost of the petitioners. The Office of the Advocate General will also ensure that copies of this judgment are forwarded to all competent officers concerned for necessary information and further action. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. **Sd/ALEXANDER THOMAS, Judge.** bkn/- ::9:: **WP(C).No.10035 OF 2020(D)** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 THE TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ORDER NO.237/SEIAA/KL/885/2014 DATED 27/11/2014 ISSUED BY THE 3RD RESPONDENT TO THE 12TH RESPONDENT.** - **EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT 17/01/2020 FILED BY SRI.ZAKIR HUSSAIN BEFORE THE 2ND RESPONDENT** - **EXHIBIT P3 THE TRUE COPY OF THE STOP MEMO NO.D1773/2020 DATED 07/03/2020 ISSUED BY THE 5TH RESPONDENT.** - **EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 11.05.2020 FILED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT.** - **EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT DATED 14/05/2020 FILED BY THE 2ND PETITIONER BEFORE THE 7TH RESPONDENT.** - **EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BY THE 3RD PETITIONER BEFORE THE CHIEF MINISTER OF KERALA AND ITS DOCKET NUMBER NO.P 200500224.** - **EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE 3RD RESPONDENT.** **EXHIBIT P8 THE TRUE COPY OF THE MASS COMPLAINT DATED 13/05/2020 FILED BY 124 PEOPLE OF THE LOCALITY BEFORE THE 4TH RESPONDENT.**