CEEYEN STONE CRUSHER v STATE OF KERALA & ORS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941** ## **WP(C).No.29772 OF 2019(V)** ## **PETITIONER/S:** **CEEYEN STONE CRUSHER 40/1, MUNDATHANAM,PARAPPA, KASARGOD-671 533,REPRESENTED BY ITS MANAGING PARTNER C. NARAYANAN, AGED 60 YEARS, S/O. KUMARAN, SINEESH NIVAS, CHAYYOTH P.O., NEELESWARAM KASARGOD** **BY ADVS. SRI.M.RAMESH CHANDER (SR.) SRI.C.P.PEETHAMBARAN** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY, INDUSTRIAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 THE DISTRICT COLLECTOR, KASARGOD-671 121** - **3 KINANNOOR KARINTHALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARINDALAM P.O., KASARGOD-671 314** - **4 THE SECRETARY, KINANNOOR KARINTHALAM GRAMA PANCHAYATH, KARINDALAM P.O., KASARGOD-671 314** - **5 THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KASARGOD-671 123** - **6 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KANHANGAD, KASARGOD-671 315** - **7 KOLAMKULAM MELEPOYIL OMANGANAM KUDIVELLA SHUCHITHWA PADHATHI GUNABHOKTHRU SAMITHI REG NO.KSR/CA/459/2015,KINANNOOR KARINTHALAM GRAMA PANCHAYATH, KASARGOD DISTRICT-671 533, REPRESENTED BY ITS SECRETARY SOMASUNDRAN.V.P.** 2 ## **WP(C).No.29772 OF 2019(V)** ## **R4 BY ADV. SRI.M.SASINDRAN R7 BY ADV. SRI.JOSE J.MATHAIKAL** ## **OTHER PRESENT:** **SRI. RAJASEKHARAN NAIR, GP, SRI. T.NAVEEN, SC FOR PCB** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.29772 OF 2019(V)** 3 ## **JUDGMENT** The petitioner has approached this Court asserting that they have obtained all necessary consents, permissions and licences for the purpose of operating a stone quarry in their property, having an extent of 0.7871 Hectors, comprised of in ReSy.Nos.496/2A, 496/2B, and 496/3 of the Parappa Village. 2. According to the petitioner, they have obtained Ext.P2 Environmental Clearance as early as on 25.5.2018 and that the concerned Geologist has issued Ext.P3 Letter of Intent on 15.01.2018; and have asked them to produce certain other additional documents. The petitioner says that one among the documents sought for by the Geologist is the “D & O Licence” from the respondent-Panchayat and that they, therefore, have approached them for such licence. He says that, however, the Panchayat has now issued Ext.P15 proceedings, wherein, a decision appears to have been taken by them not to grant any such licence under the Amended Rules, namely, the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other Services) Act. The **WP(C).No.29772 OF 2019(V)** 4 petitioner, therefore, prays that Ext.P15 be set aside and the Panchayat be directed to re-consider their application at the earliest. 3. Sri.M.Sasindran, learned Standing Counsel appearing for the respondent-Panchayat submits that, as is evident from Ext.P15, they have recorded that, going by item 100 in Schedule I of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other Services) Act, licence for running a quarry is not necessary to be obtained from the Panchayat and that the petitioner will require to seek such a licence only for the purpose of storing, stocking and polishing of granites. He further says that since Ext.P3 Letter of Intent is no longer valid, it is not enjoined on the Panchayat to consider any application of the petitioner at this time; and that only if they produce all relevant documents from the competent Authorities, will the Panchayat re-consider the matter, after hearing them also. He then adds that, there is now a suspicion for the Panchayat that the petitioner is attempting to operate his quarry in an area, which is not covered by Ext.P2 Environmental Clearance and that there are at least three large drinking water wells in the area, where they are now proposing to do so. He **WP(C).No.29772 OF 2019(V)** 5 thereafter asserts that, however, these matters will become relevant only after the petitioner obtains all necessary clearances from the other statutory Authorities before approaching the Panchayat. 4. The learned counsel appearing for respondent No.7 submits that his client is a “Samithi” (organisation of people), who had been entrusted with the task of establishing three large drinking water wells in the locality. He says that this work has been completed and that the residents of the locality are relying on these wells for their daily drinking water source. He submits that his clients legitimately apprehend that if quarrying operations are allowed to be commenced by the petitioner, these wells will become polluted and incapable of providing water to the residents. He, therefore, prays that this writ petition be dismissed. 5. When I consider the afore submissions and examine Ext.P15, which is impugned in this writ petition, it is without doubt that the Panchayat has not yet taken any final decision on the application made by the petitioner for licence under the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other Services) Act. True, M.Sasindran argued that a licence is not required for the **WP(C).No.29772 OF 2019(V)** 6 commencement of a quarry and that the petitioner will require to take it only for the purpose of storing, stocking and polishing of granite. However, this stand of the Panchayat is completely untenable going by the judgment of a Division Bench of this Court in **Gem Granites v. Deputy Superintendent of Police [2008(1) KLT 937]** . Moreover, the fact remains that the Intent produced by the petitioner, namely Ext.P3, clearly requires them to obtain a “D & O Licence” from the Panchayat. Obviously, therefore, this is a matter that the Panchayat will have to consider, but only after the petitioner obtains all necessary clearances from the Geologist for this purpose. 6. That said, as matters now stand, it is the specific case of the Panchayat that Ext.P3 intent is no longer in force and therefore, that they will not act upon it. Hence, the petitioner will now have to either get necessary clarification from the Geologist that Ext.P15 is still in force or to obtain a new Intent in terms of law, before the Panchayat can reconsider his application. Resultantly, I order this writ petition and leave liberty to the petitioner to approach the Panchayat with all necessary proceedings from the Geologist as above, in which event, they will reconsider his application for Trade Licence in terms of law _de_ **WP(C).No.29772 OF 2019(V)** 7 _hors_ Ext.P15, after following the mandate of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other Services) Act and after affording an opportunity of being heard to the 7[th] respondent also, as expeditiously as is possible, but not later than two months thereafter. Needless to say, until such time as the petitioner obtains all necessary permissions from the competent Authorities, including the Trade Licence from the Panchayat, they will not commence any quarrying operations. This writ petition is thus ordered. ## **Sd/-** **DEVAN RAMACHANDRAN** rkj **JUDGE** **WP(C).No.29772 OF 2019(V)** 8 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE DEED OF PARTNERSHIP ALONG WITH THE REGISTRATION OF THE PETITIONER FIRM** **EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 25.5.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSING AUTHORITY, KASARGOD** **EXHIBIT P3 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 15.1.2018 EXHIBIT P4 TRUE COPY OF CONSENT OF OPERATE DATED 17/7/21018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT P5 TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY DATED 24.1.2018 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 10.10.2018 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 14.2.2019 IN WPC NO.33940/2018 OF THIS HON'BLE COURT EXHIBIT P8 TRUE COPY OF THE D & O LICENSE DTD 13/3/2019 ISSUED BY THE 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 14.3.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS RECEIPT EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19.3.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 12.4.2019 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONGWITH ITS RECEIPT EXHIBIT P12 TRUE COPY OF THE LETTER DATED 27.4.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P13 TRUE COPY OF THE LETTER DATED 20.5.2019 ISSUED BY THE 4TH RESPONDENT** **WP(C).No.29772 OF 2019(V)** 9 |**EXHIBIT P14**|**TRUE COPY OF THE REPRESENTATION DATED**| |---|---| ||**6/7/2019 FILED BY THE PETITIONER BEFORE THE**| ||**4TH RESPONDENT ALONGWITH ITS RECEIPT DATED**| ||**6/7/2019**| |**EXHIBIT P15**|**TRUE COPY OF THE LETTER DATED 13.8.2019 OF**| ||**4TH RESPONDENT ALONG WITH THE RESOLUTION**| ||**NO.19/1 DATED 15/7/2019 OF 3RD RESPONDENT**| ||**PANCHAYAT**| |**EXHIBIT P16**|**TRUE COPY OF THE TRADE LICENSE DATED**| ||**1/4/2019 ISSUED BY THE 3RD RESPONDENT**|