M/s Mankombu Granites v State of Kerala and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942** ## **WP(C).No.15403 OF 2020(A)** ## **PETITIONER:** **M/S. MANKOMBU GRANITES, BUILDING NO.4/194, VELLARA, MOONNILAVU PO, KOTTAYAM-686586, REPRESENTED BY ITS MANAGING PARTNER SRI. M.A. NALINAKSHAN NAIR.** **BY ADVS. SRI.SANTHOSH MATHEW SRI.JOHNSON MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE SHRI.ABI BENNY AREECKAL SMT.LEAH RACHEL NINAN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DISASTER MANAGEMENT (REVENUE-K) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE STATE DISASTER MANAGMENT AUTHORITY(SDMA) KERALA, DEPARTMENT OF DISASTER MANAGEMENT, GOVERNMENT OF KERALA, INSTITUTE OF LAND AND DISASTER MANAGEMENT, PTP NAGAR, THIRUVANANTHAPURAM, KERALA - 695038, REPRESENTED BY ITS MEMBER SECRETARY.** - **3 THE DISTRICT DISASTER MANAGEMENT AUTHORITY KOTTAYAM, KOTTAYAM DISTRICT - IN-686002, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR.** - **4 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P O, THIRUVANANTHAPURAM-695004.** WP(C).No.15403 OF 2020(A) 2 **5 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM, PIN-686002.** **6 NATIONAL CENTRE FOR EARTH SCIENCE STUDIES(NCESS) ULLOOR-AKKULAM ROAD, OPPOSITE NATPAC, AAKKUKLAM, THIRUVANANTHAPURAM - 695011.** ## **OTHER PRESENT:** **SRI.Y.JAFFER KHAN, GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.15403 OF 2020(A) 3 ## **ALEXANDER THOMAS, J.** ------------------------------------------W.P.(C)No.15403 of 2020 ---------------------------------------------Dated this the 13[th] day of August, 2020 ## **JUDGMENT** The case set up in this Writ Petition (Civil) is as follows:- _The petitioner is a Partnership firm which owns 4.4055 hectares(Mining Area 3.7176 Hectares) of land in old Sy.No. 46/1, 46/1/1, 46/1/2, 46/1/3 of Moonnilavu Village, Meenachil Taluk in Kottayam District. It is urged that when there were complaints raised against the functioning of the Quarry As per Exhibit P1 a Technical Committee was constituted by the State Government and as per Exhibit P2 the Technical committee reported that the area where the quarrying is being done is not a landslide prone area. Based on that the Petitioner was permitted to continue the quarry. Thereafter when a complaint was submitted to the Kerala State Scheduled Caste and Scheduled Tribe Commission Exhibit P3 report was submitted by the Senior Geologist on 20-4-2015 stating that the quarrying was being conducted in accordance with law. The petitioner herein was served with Exhibit P6 stop memo dated 26-6-2020 by the 5th respondent geologist on the grounds that the_ WP(C).No.15403 OF 2020(A) 4 _quarrying operations was being carried out within 10 kilometers of a wildlife Sanctuary and the same is located in a Red Zone. Regarding the clearance from the Wild Life, the Petitioner filed WP(C)No:13717/20 and as per Exhibit P7 judgment dated 14-7-2020 this Court has directed the State Government to forward the Environment Clearance to the MoEF for onward transmission to the National Board for Wildlife in the light of the Judgment of this Court reported in George C.G v State of Kerala reported in 2020(1)KLT 109. It is the contention of the petitioner that he had been conducting quarrying operations based on Exhibit P2 report which states that possibility of landslide occurrences are low and that quarrying activities are permissible in the said area. It is to be noted that the District Disaster Management Plan has been prepared without conducting a physical inspection of the areas by the respondents. It is also submitted that the respondents are blindly relying on Google maps to ascertain red zones without conducting actual physical verification and without relying on the data that is available to the respondents from the Exhibit P2 report. Further, it is urged that it is based on this Google map image and Geo coordinates that the above mentioned stop memo was issued by the Geologist. Exhibit P19 State Disaster Management Plan was prepared based on these Google Map coordinates and without any_ WP(C).No.15403 OF 2020(A) 5 _physical verification and consultation with the local Authorities and stakeholders. Mr.Sekhar Kuriakose who is the Member Secretary of Kerala State Disaster Management Authority which prepared the District Disaster Management Plan for Kottayam was also part of the technical committee constituted as per Exhibit P1 who submitted Exhibit P2 report. It is also urged that Exhibit P6 stop memo has been issued by the 5th Respondent Geologist without considering Exhibit P2 report submitted by the technical committee relating to the Petitioner’s quarry where there is a categoric finding that quarry is situated in an area which is not prone to landslide and also Exhibit P3 report submitted by the Senior Geologist on 20-4-2015.Hence it is highly essential in the interest of justice that that this Court directs the 4th respondent Director of mining and geology to reconsider Exhibit P6 in so far as it restrains the petitioner from conducting quarry operations on the ground that the quarry is allegedly included in the red zone in the light of Exhibits P2 and P3 report after hearing the petitioner pending disposal of the writ petition. That, it is based on these Google map coordinates and without any physical verification that the ExhibitsP8, P18,P19 and P20 has been prepared and issued by the respondents._ It is in the light of the above factual averments and WP(C).No.15403 OF 2020(A) 6 ## contentions that the petitioner has filed instant Writ Petition ## (Civil) with the following prayers:- _“i) Call for the records leading to Exhibits P8,P18,P19 and P20 and issue a writ of certiorari quashing the same;_ _ii) Call for the records leading to Exhibits P6 stop memo and issue a writ of certiorari quashing the same insofar as it has been issued on the ground that the quarry is included in red zone since the same has been issued without referring to Exhibit P2 report submitted by technical committee relating to the Petitioner’s quarry where there is a categoric finding that quarry is situated in an area which is not prone to landslide and also Exhibit P3 report submitted by the Senior Geologist on 20-4-2015;_ _iii) To issue such other appropriate writ order or direction which this Hon’ble Court may deem fit and just under the circumstances of the case.”_ 2. Heard Sri.Santhosh Mathew, learned counsel appearing for the petitioner and Sri.Y. Jaffer Khan, learned Government Pleader appearing for the respondents 1 to 5. In the nature of the orders proposed to be passed in this writ petition notice to the 6[th] respondent will stand dispensed with. 3. Sri.Santhosh Mathew, learned counsel appearing for the petitioner would submit that subsequent to the filing of the aforecaptioned writ petition (civil) on 28.07.2020, the petitioner has filed a representation/petition dated 03.08.2020, before the 4[th] respondent-Director of Mining and Geology, seeking for orders so as to revoke the impugned Ext.P-6 stop WP(C).No.15403 OF 2020(A) 7 memo dated 26.06.2020, issued by the 5[th] respondent-District Geologist and that the limited relief sought for by the petitioner now is only for a direction of this Court to ensure that the 4[th] respondent-Director of Mining and Geology takes a considered decision on the matters raised in the aforesaid representation dated 03.08.2020, after affording reasonable opportunity of being heard to the petitioner. 4. Since a copy of the said representation has not been filed along with present writ petition, it is ordered that the petitioner should annex a copy of the said representation dated 03.08.2020, with a certified copy of this judgment along with the copy of the memorandum of this writ petition (civil) with all the exhibits to the 4[th] respondent-Director of Mining and Geology, without any further delay, at any rate within three days from the date of receipt of a certified copy of this judgment. 5. Further, it is ordered, and that without getting into the merits of the controversy in any manner that the 4[th] respondent-Director of Mining and Geology will take up for consideration the said representation dated 03.08.2020, filed by the petitioner without much delay and after getting necessary reports in the matter from the 5[th] respondent-District Geologist WP(C).No.15403 OF 2020(A) 8 and after going through any relevant materials in the matter and also after affording reasonable opportunity of being heard to the petitioner through his authorised representative/counsel, if any, shall take a considered decision so as to pass orders on the abovesaid representation, in accordance with law, without much delay preferably, within a period of six weeks from the date of receipt of a certified copy of this judgment. 10. The petitioner will produce certified copies of this judgment as well as copies of the memorandum of the writ petition (civil) along with all the exhibits before the 4[th,] 5[th] and 6[th ] respondents, 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** Skk//2408 WP(C).No.15403 OF 2020(A) 9 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **COPY OF GO(RT)152/12/ENVT DATED 29.10.2012.** - **EXHIBIT P2 COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE ON JANUARY 2013.** **EXHIBIT P3 COPY OF THE REPORT SUBMITTED BY THE SENIOR GEOLOGIST ON 20.04.2015 TO THE HON'BLE KERALA STATE SCHEDULED CASTE AND SCHEDULED TRIBE COMMISSION.** - **EXHIBIT P4 COPY OF ENVIRONMENTAL CLEARANCE CERTIFICATE NO.34 OF 2016 DATED 09.03.2016.** - **EXHIBIT P5 COPY OF THE LEASE DEED EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT DATED 05.10.2017.** - **EXHIBIT P6 COPY OF THE STOP MEMO DATED 26.06.2020.** **EXHIBIT P7 COPY OF THE JUDGMENT IN WP(C) NO. 13717 OF 2020 DATED 14.07.2020.** - **EXHIBIT P8 COPY OF THE RELEVANT PORTION OF THE DISTRICT DISASTER MANAGEMENT PLAN PREPARED FOR KOTTAYAM.** - **EXHIBIT P9 COPY OF THE RELEVANT PORTION OF HSAK VOLUME I CONTAINING MULTIPLE HAZARD ZONATION MAP FOR KOTTAYAM DISTRICT.** **EXHIBIT P10 GOOGLE MAP IMAGE OF THE PETITIONERS QUARRY MENTIONING THE GEO COORDINATES.** **EXHIBIT P11 GOOGLE MAP IMAGE OF THE PETITIONERS QUARRY MENTIONING THE GEO COORDINATES UPLOADED IN THE SITE OF THE DISASTER MANAGEMENT AUTHORITY.** WP(C).No.15403 OF 2020(A) 10 - **EXHIBIT P12** - **COPY OF THE REPLY RECEIVED BY ANOTHER QUARRY OWNER'S EMPLOYEE UNDER THE RTI ACT ON 14.05.2018.** - **EXHIBIT P13 COPY OF THE OFFICE ORDER SANCTIONING THE R & D PROJECT PREPARATION OF DISTRICT LEVEL NATURAL HAZARD ZONATION MAPS IN KERALA DATED 13.10.2005.** - **EXHIBIT P14 COPY OF THE REPORT PREPARED BY MR. JOHN MATHAI AND MR. SREEJESH KUMAR OF CESS RELATING TO DISTRICT LEVEL NATURAL HAZARD ZONATION MAP FOR KERALA.** - **EXHIBIT P15 COPY OF THE MINUTES OF THE FIRST HIGH LEVEL MEETING OF HVRA CELL HELD ON 12.05.2011.** - **EXHIBIT P16 COPY OF REPLY RECEIVED BY ANOTHER QUARRY OWNER'S EMPLOYEE UNDER THE RTI ACT ON 01.01.2018.** - **EXHIBIT P17 BIS GUIDELINES FOR PREPARATION OF LANDSLIDE HAZARD ZONATION MAP IN MOUNTAINOUS TERRAINS (PART II MACRO ZONATION)** **EXHIBIT P17A COPY OF GO(RT) NO.2244/2014/DMD DATED 26.05.2014** - **EXHIBIT P18 COPY OF THE GO(RT) NO.3104/2016/DMD DATED 30.07.2016.** - **EXHIBIT P19 COPY OF GO(RT) NO.3667/2016/DMD DATED 09.09.2016.** - **EXHIBIT P20 COPY OF THE STATE DISASTER MANAGEMENT PLAN WHICH HAS BEEN APPROVED AS PER EXHIBIT P19.** - **EXHIBIT P21 COPY OF THE PRINTOUT TAKEN FROM THE WEBSITE OF THE DISASTER MANAGEMENT AUTHORITY WITH REFERENCE TO KUTIPARA.** - **RESPONDENTS' EXHIBITS: NIL**