Fr. Mathew Thekkekkulam Infant Jesus Church v State of Kerala & Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 7[TH] DAY OF OCTOBER 2022 / 15TH ASWINA, 1944 ``` ## **`WP(C) NO. 11767 OF 2011`** ## **`PETITIONERS:`** - `1 FR.MATHEW THEKKEKKULAM INFANT JESUS CHURCH, VANIYAPPARA,, P.O.CHARAL, KANNUR DISTRICT, PIN-670 706.` - `2 DAISY MANI, THARAPPEL HOUSE CHARAL P.O., VANIYAPPARA, KANNUR DISTRICT,, PIN670 706.` - `3 THOMAS THOTTATHIL S/O.SEBASTIAN, RANDAMKADAVU P.O.,, KILIYANTHARA VIA, KANNUR DISTRICT,, PIN-670 706.` - `4 MICHAEL THOMAS, S/O.THOMAS AGED 45 YEARS, PADAVIL HOUSE,, RANDAMKADAVU P.O., KANNUR DISTRICT,, PIN-670 706.` - `5 SHAJU K.JOSE, S/O.JOSE AGED 31 YEARS, KAYYALAKKAL HOUSE,, RANDAMKADAVU P.O., KILIYANTHARA (VIA),, KANNUR-670 706. BY ADVS. SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.MANU GEORGE KURUVILLA SMT.RINU JOSE` ## **`RESPONDENTS:`** - `1 STATE OF KERALA & ORS. REPRESENTED BY ITS CHIEF SECRETARY,, SECRETARIAT, THIRUVANANTHAPURAM,, PIN-695 001.` - `2 THE DISTRICT COLLECTOR, KANNUR, PIN-670 001.` - `3 THE REVENUE DIVISIONAL OFFICER THALASSERY, KANNUR DISTRICT.` - `4 THE GEOLOGIST KANNUR, PIN-670 001.` - `5 THE D.F.O. KANNUR PIN-670 001.` - `6 THE DEPUTY DIRECTOR OF PANCHAYATH KANNUR, PIN-670 001.` - `7 THE AYYANKUNNA GRAMA PANCHAYATH` **2** ## **WPC.No.11767/2011** ``` AYYAKMUNNU P.O., REPRESENTED BY ITS, SECRETARY, PIN-670 706. ``` - `8 THE REGIONAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD,, KANNUR, PIN-670 002.` ``` 9M/S.KANNUR DISTRICT BLACK ROCK CRUSHERS AND SAND MAKING INDUSTRIES PRIVATE LIMITED, CHARAL P.O., KANNUR DISTRICT,PIN-670 706. 10P.USMAN, PROPRIETOR CRESCENT STONE CRUSHER AND HOLLOW BRICKS,, RANDAMKADAVU, RANDAMKADAVU P.O.,, KILIYANTHARA (VIA). BY ADVS.JUSTIN JACOB, SR.GP SRI.ANEESH JOSEPH SRI.CIBI THOMAS SRI.M.RAMESH CHANDER SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **WPC.No.11767/2011** **3** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.11767 of 2011** **---------------------------------------------Dated this the 07[th] day of October, 2022** ## **JUDGMENT** This writ petition is filed with following prayers: i. Issue a writ in the nature of mandamus or such other appropriate writ, order or direction to the first respondent to take immediate steps to implement the recommendations contained in Ext.P1 and issue specific directions to the subordinate officers in order to protect the area due to indiscriminate mining. ii. Issue a direction to the District Collector to take immediate action on Ext.P3 & P4 forthwith after hearing the petitioners. - iii. Direct the 7[th] respondent not to grant any fresh licence to the quarry operators and crusher operators or renew the same in the area covered by Ext.P1. - iv. To issue a direction to the respondents 2 to 5 to file a report before this Honourable Court indicating the action taken so far on Ext.P1 report, and explaining the reason for issuing quarry permit in the locality after 2007. v. Pass such other order or direction which this **4** ## **WPC.No.11767/2011** Honourable Court would deem just and proper in the facts and circumstances of the case. **==> picture [36 x 12] intentionally omitted <==** 2. When this writ petition came up for consideration, the learned counsel for the 10[th] respondent submitted that the unit is not working now. In the light of the same, nothing survives in this writ petition. If there is any surviving grievance to the petitioners, they are free to approach the competent authority, in accordance to law. With the above observation, this writ petition is closed. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV **WPC.No.11767/2011** **5** ## **`APPENDIX OF WP(C) 11767/2011`** ``` PETITIONER EXHIBITS ``` |`Exhibit P1`||`TRUE COPY OF THE REPORT OBTAINED UNDER`| |---|---|---| |||`THE R.T.I. ACT FROM THE COLLECTORATE,`| |||`KANNUR.`| |`Exhibit P2`||`TRUE COPY OF THE PETITION PREFERRED BY`| |||`THE 2ND PETITIONER BEFORE THE DY.`| |||`DIRECTOR OF PANCHAYATH ON 7/2/2011`| |`Exhibit P3`||`TRUE COPY OF COMPLAINT BEFORE THE`| |||`DISTRICT COLLECTOR, KANNUR ON 7/3/2011`| |`Exhibit P4`||`TRUE COPY OF REPRESENTATION DATED`| |||`7/3/2011 FILED BY THE ACTION COMMITTEE`| |||`BEFORE THE 3RD RESPONDENT.`| |`Exhibit P5`||`TRUE COPY OF REPRESENTATION DATED`| |||`7/3/2011 FILED BY THE ACTION COMMITTEE`| |||`BEFORE THE POLLUTION CONTROL BOARD`| |`Exhibit P6`||`TRUE COPY OF PETITION FILED BY THE 5TH`| |||`PETITIONER BEFORE THE D.F.O. ON 1-4-`| |||`2011`| |`Exhibit P7`||`TRUE COPY PETITIONER FILED BY THE 2ND`| |||`RESPONDENT BEFORE THE HON'BLE MINISTER`| |||`FOR ENVIRONMENT ON 6/4/2011`| |`Exhibit P8`||`TRUE COPY OF COMMUNICATION DATED 25-3-`| |||`2011 OF THE GEOLOGIST TO THE 4TH`| |||`PETITIONER.`| |`Exhibit P9`||`PHOTOGRAPH OF DUST GENERATED FROM A`| |||`SINGLE BLAST TAKEN ON 27TH JANUARY`| |||`2012.`| |`Exhibit P10`||`TRUE PHOTOCOPY OF PAGE 132 IN CHAPTER`| |||`3, COMMUNICATION OF ENVIRONMENTAL`| |||`PROBLEMS OF KERALA.`| |`Exhibit P11`||`TRUE PHOTOCOPY OF LETTER DATED`| |||`4/4/2011 ISSUED BY THE POLLUTION`| |||`CONTROL BOARD TO THE 9TH RESPONDENT.`| |`Exhibit P11`|`A`|`TRUE PHOTOCOPY OF LETTER DATED`| |||`25/7/2011 ISSUED BY THE POLLUTION`| |||`CONTROL BOARD TO THE 9TH RESPONDENT.`| |`Exhibit P11`|`B`|`TRUE PHOTOCOPY OF LETTER DATED`| |||`01/03/2012 ISSUED BY THE POLLUTION`| |||`CONTROL BOARD TO THE 9TH RESPONDENT.`| **WPC.No.11767/2011** **6** - `Exhibit P12 TRUE PHOTOCOPY OF THE NORMS PRESCRIBED BY THE POLLUTION CONTROL BOARD FOR SETTING UP CRUSHER UNITS IN THE STATE BY CIRCULAR DATED 30/4/98.` - `Exhibit P13 PHOTOGRAPH OF CHARAL THODU BESIDE THE QUARRY OF THE 9TH RESPONDENT TAKEN ON 27TH JANUARY 2012.` - `Exhibit P14 PHOTOGRAPH OF THE QUARRY OF THE 9TH RESPONDENT NEAR THE CHARAL THODU TAKEN ON 27TH JANUARY` - `Exhibit P15 TRUE PHOTOCOPY OF NEWS REPORT DATED 08/12/2010 IN MALAYALA MANORAMA.` - `Exhibit P15 A TRUE PHOTOCOPY OF NEWS REPORT DATED IN 18/03/2011 MALAYALA MANORAMA.` - `Exhibit P15 B TRUE PHOTOCOPY OF NEWS REPORT DATED 08/06/2011 IN MALAYALA MANORAMA.` - `RESPONDENT EXHIBITS Exhibit R10 A PHOTOSTAT COPY OF THE DOCUMENT DATED 13.8.2001` ``` Exhibit R10 BPHOTOSTAT COPY OF THE LICENSE GRANTED BY THE PANCHAYAT Exhibit R10 CPHOTOSTAT COPY OF THE LICENSE GRANTED BY THE PANCHAYAT FOR CONDUCTING STONE CRUSHER UNIT Exhibit R10 DPHOTOSTAT COPY OF CONSENT GIVEN FOR BLASTING BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 18.11.2010 Exhibit R10 EPHOTOSTAT COPY OF CONSENT ISSUED TO OPERATE STONE CRUSHER AND HOLLOW BRICKS UNIT GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 13.1.2011 Exhibit R10 FPHOTOSTAT COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING & GEOLOGY DATED 7.8.07 Exhibit R10 GPHOTOSTAT COPY OF LICENSE ISSUED BY CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI Exhibit R10 HPHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE PANCHAYAT TO THE 10TH RESPONDENT DATED 26.2.2011 ``` **WPC.No.11767/2011** **7** - `Exhibit R10 I PHOTOSTAT COPY OF THE ORDER OF THE DIRECTOR OF MINING AND GEOLOGY DATED 22.11.2003` - `Annexure C1 COPY OF THE NOTICE DATED 22.06.2012 Annexure C2 A PHOTOGRAPH OF THE PANCHAYATH ROAD PASSING THROUGH THE 10TH RESPONDENT QUARRY` - `Annexure C3 SERIES: THE AREA WERE QUARRY OPERATIONS ARE BEING CARRIED OUT BY 10TH RESPONDENT` - `Annexure C4 (1) AND (2): CRACKS IN THE CHACKO'S HOUSE` - `Annexure C5 A PHOTOGRAPH SHOWING THE QUARRY WASTE ACCUMULATED ON THE RIVER BANK` - `Annexure C6 PHOTOGRAPH OF THE BOARD EXHIBITED IN 10TH RESPONDENT` - `Annexure C7 (1) TO (6) PHOTOGRAPHS - SHOWING CRACKS AND OTHER DAMAGES TO PANCHAYATH MEMBER PHILOMINA JOY'S FORMER RESIDENCE` - `Annexure C8 PHOTOGRAPH SHOWING CRACKS IN BABU MUKULEL'S HOUSE` - `Annexure C9 SERIES: PHOTOGRAPHS SHOWING CRACKS IN THE RESIDENCES OF JOY VELANGOLI, JOSPEH VELANGOLI, THOMAS THOTTATHIL AND ST. JOSEPH'S CHURCH, RANDAMKADAVU` - `Annexure C10 PHOTOGRAPH SHOWING CULVERT CONSTRUCTED OVER CHARAL THODU` - `Annexure C11 PHOTOGRAPH OF THE THODU TOWARDS EAST AS CLICKED FROM THE CULVERT` - `Annexure C12 PHOTOGRAPH SHOWING POINT OF ORIGIN OF CHARAL THODU` - `Annexure C13 PHOTOGRAPH SHOWING THE DIVERSION MADE TO CHARAL THODU` - `Annexure C14 (1) TO (3) SERIES: PHOTOGRAPHS SHOWING THE ROAD CONSTRUCTED OVER CHARAL THODU` - `AnnexureC15 (1) TO (5): PHOTOGRAPH SHOWING RESIDENTIAL HOUSE OF MR. THOMAS ILLIKKUNNEL` - `Annexure C16 (1) TO (3): PHOTOGRAPHS PERTAINING TO PWD ROAD NEAR THE 9TH RESPONDENT.` **8** ## **WPC.No.11767/2011** ``` Annexure A17PHOTOGRAPH SHOWING THE ROAD CONDITION WHEREIN TRUCKS ALONE CAN MOVE. Annexure C18(1) TO (3): PHOTOGRAPH SHOWING CRACKS IN INFANT JESUS CHURCH VANIYAPPARA. Annexure C19(1) TO (3) PHOTOGRAPH SHOWING CRACKS AND OTHER DAMAGES IN SRI. MICHEAL'S HOUSE. Annexure C20(1)-(3): PHOTOGRAPHS SHOWING EXISTENCE OF TWO UNITS IN RESPONDENT NO. 10. ```