Tomy Thomas v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941** ## **WP(C).No.15505 OF 2016(K)** ## **PETITIONER/S:** **TOMY THOMAS, AGED 50 YEARS, S/O. THOMAS, PULICAKL HOUSE, KALATHUKADAVU (PO), ERATTUPETTA, KOTTAYAM DIST.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.JOBI JOSE KONDODY SRI.T.R.RAJAN** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENVIRONMENT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM-695 001.** - **2 THE KERALA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY ITS MEMBER SECRETARY, DIRECTORATE OF ENVIRONMENT AND CLIMATIC CHANGE, PALLIMUKKU, PETTA(PO), THIRUVANANTHAPURAM-695 024.** - **3 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE (PO), KESAVADASAPURAM, THIRUVANANTHAPRUAM-695 004.** - **4 THALAPPALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THALAPPALAM GRAMA PANCHAYAT OFFICE, PLASSANAL (PO), KOTTAYAM DISTRICT-686 579.** - **5 THE SECRETARY, THALAPPALAM GRAMA PANCHAYAT, THALAPPALAM GRAMA PANCHAYAT OFFICE, PLASSANAL (PO), KOTTAYAM DISTRICT-686 579.** W.P.(C) Nos.15505 & 31684/16 & 25529/19 - 2 - **6 THE PRESIDENT, THALAPPALAM GRAMA PANCHAYAT, THALAPPALAM GRAMA PANCHAYAT OFFICE, PLASSANAL(PO), KOTTAYAM DISTRICT-686 579.** - ***ADDL. P. CHANDRASHEKARAN NAIR, R7 KONDATTUKUNNEL HOUSE, KALATHUKADAVU P.O., KOTTAYAM DISTRICT.** - ***ADDL. K.M. BIJU, R8 KOTTUKAPALLIL HOUSE, KALATHUKADAVU P.O., KOTTAYAM DISTRICT. (*ARE IMPLEADED AS PER ORDER DATED 08-06-2016 IN I.A. 6984/2016).** - ***ADDL. THE CENTRE FOR EARTH SCIENCE STUDIES, R9 REPRESENTED BY ITS DIRECTOR, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 031.** - ***ADDL. SHAJI JOSEPH, AGED 42 YEARS, S/O. JOSEPH V.J., R10 VALIYAPARAMBIL HOUSE, KALATHUKADAVU, VETTIPARAMBU, ERATTUPETTA, KOTTAYAM DISTRICT, PIN - 686 579.** - ***ADDL. PRABHAKARAN NAIR, AGED 76 YEARS, R11 S/O. PARAMESWARAN NAIR, CHERUVATHIL HOUSE, KALATHUKADAVU, VETTIPARAMBU, ERATTUPETTA, KOTTAYAM DISTRICT, PIN - 686 579.** - ***ADDL. VARKEY JOSEPH, AGED 78 YEARS, S/O.VARKEY, R12 OLICKAL HOUSE, KALATHUKADAVU, VETTIPARAMBU, ERATTUPETTA, KOTTAYAM DISTRICT, PIN - 686 579.** - **ADDL.R9 TO R12 ARE IMPLEADED AS PER ORDER DATED 04.10.2019 IN I.A.NOS.11109/16 & 16221/16 IN W.P. (C)NO.15505/16.** **BY ADVS. R1 & R3 - SRI.M.H. HANILKUMAR, SPECIAL GOVERNMENT PLEADER R2 - SRI.M.P. SREEKRISHNAN, SC FOR SEIAA R4 TO R6 - SRI.GEORGEKUTTY MATHEW, SC ADDL.R7 & R8 - SRI. SHAJI THOMAS ADDL.R10 TO R12 - SRI. P.B. SAHASRANAMAN SMT. SURYA BINOY, ADVOCATE COMMISSIONER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.10.2019, ALONG WITH WP(C).31684/2016(I), WP(C).25529/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) Nos.15505 & 31684/16 & 25529/19 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941** ## **WP(C).No.31684 OF 2016** ## **PETITIONER/S:** **TOMY THOMAS, AGED 50 YEARS, S/O. THOMAS, PULICKAL HOUSE, KALATHUKADAVU (PO), ERATTUPETTA, KOTTAYAM DISTRICT.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.JOBI JOSE KONDODY SRI.T.R.RAJAN** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENVIRONMENT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE KERALA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY ITS MEMBER SECRETARY, DIRECTORATE OF ENVIRONMENT AND CLIMATIC CHANGE, PALLIMUKKU, PATTA (PO), THIRUVANANTHAPURAM-695 024.** - **3 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE (PO), KESAVADASPURAM, THIRUVANANTHAPURAM-695 004.** - **4 THE DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE (PO), KOTTAYAM-686 002.** - **5 THE TAHSILDAR, MEENACHIL TALUK OFFICE, MINI CIVIL STATION, PALA, KOTTAYAM DISTRICT-686 575.** W.P.(C) Nos.15505 & 31684/16 & 25529/19 4 |**6**|**THE SUB INSPECTOR OF POLICE,**| |---|---| ||**ERATTUPETTA POLICE STATION, ERATTUPETTA (PO),**| ||**KOTTAYAM DISTRICT-686 121.**| |**7**|**THE SECRETARY,**| ||**THALAPPALAM GRAMA PANCHAYAT,**| ||**THALAPPALAM GRAMA PANCHAYAT OFFICE, PLASSANAL (PO),**| ||**KOTTAYAM DISTRICT-686 579.**| |**8**|**K.G. ANILKUMAR,**| ||**CONVENER, KIZHAKKEMALA PROTECTION COUNCIL,**| ||**KALLARAYATHU HOUSE, PLASSANAL (PO),**| ||**KOTTAYAM -686 579.**| ||**BY ADVS.**| ||**R1 & R3 TO R6 - SRI. M.H. HANILKUMAR, SPECIAL**| ||**GOVERNMENT PLEADER**| ||**R2 - SRI. M.P. SREEKRISHNAN, SC**| ||**R7 - SRI. GEORGEKUTTY MATHEW, SC**| ||**R8 - SRI.P.B. SAHASRANAMAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.10.2019, ALONG WITH WP(C).15505/2016(K), WP(C).25529/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) Nos.15505 & 31684/16 & 25529/19 5 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941** ## **WP(C).No.25529 OF 2019(M)** ## **PETITIONER/S:** |**1**|**ANIL KUMAR K.G.,**| |---|---| ||**AGED 52 YEARS,**| ||**SON OF GOPINATHAN NAIR, KALLARAYATHU,**| ||**THALAPPALAM, PLASSANAL P.O., KOTTAYAM-686 579.**| |**2**|**SYAMALLAKUMARI M.S.,**| ||**AGED 58 YEARS,**| ||**WIFE OF LATE C.R.UNNIKRISHNAN NAIR,**| ||**MOOZHIKUZHIYIL HOUSE, KALATHOOKADAVU P.O.,**| ||**KOTTAYAM-686 579.**| **BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS PRINCIPAL SECRETARY,**| ||**MINING AND GEOLOGY DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE GEOLOGIST,**| ||**DEPARTMENT OF MINING AND GEOLOGY,**| ||**COLLECTORATE P.O., KOTTAYAM-686 002.**| |**3**|**STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY**| ||**KERALA,**| ||**DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,**| ||**K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR,**| ||**THAMPANOOR, THIRUVANANTHAPURAM-695 001,**| ||**REPRESENTED BY ITS CHAIRMAN.**| |**4**|**UNION OF INDIA,**| ||**REPRESENTED BY ITS PRINCIPAL SECRETARY,**| ||**MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,**| ||**PARYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD,**| ||**NEW DELHI-110 003.**| W.P.(C) Nos.15505 & 31684/16 & 25529/19 6 **5 THALAPPALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THALAPALAM GRAMA PANCHAYAT OFFICE, PLASSNAL P.O., KOTTAYAM-686 579.** **6 TOMY THOMAS, SON OF THOMAS, PULICKAL HOUSE, KALATHUKADAVU, VETTIPARAMBU, ERATTUPETTAH, KOTTAYAM-686 579.** **BY ADVS. R1 & R2 - SRI. M.H. HANILKUMAR, SPECIAL GOVERNMENT PLEADER R3 - SRI. M.P. SREEKRISHNAN, SC R4 - SRI. P. VIJAYAKUMAR, ASG OF INDIA R5 - SRI.GEORGEKUTTY MATHEW, SC, THALAPPALAM GRAMA PANCHAYAT R6 - SRI.JOBI JOSE KONDODY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.10.2019, ALONG WITH WP(C).15505/2016(K), WP(C).31684/2016(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) Nos.15505 & 31684/16 & 25529/19 7 ## **JUDGMENT** The captioned writ petitions are materially connected in respect of a quarry operated by the petitioner in W.P.(C) Nos.15505 and 31684 of 2016, while W.P.(C) No.25529 of 2019 is filed by third persons, challenging the Environmental Clearance No.24/2016 dated 04.03.2016, granted to the petitioner in the other writ petitions _vis-a-vis_ the stop memo issued by the State Environment Impact Assessment Authority, Kerala (for brevity, 'the SEIAA') and declining of D&O licence by the Thalappalam Grama Panchayat. Therefore, I heard them together and propose to deliver this common judgment. 2. I have heard Sri. George Poonthottam, learned Senior Counsel for the petitioner, assisted by Advocate Jobi Jose Kondody, Sri. P.B.Sahasranaman, learned counsel for the petitioners in W.P.(C) No.25529/2019, Sri. M.H. Hanil Kumar, learned Special Government Pleader, Sri. M.P. Sreekrishnan, learned Standing Counsel appearing for SEIAA, Sri. P. Vijayakumar, learned ASGI, Sri. Georgekutty Mathew, learned Standing Counsel appearing for the Panchayat, and Sri. Shaji Thomas, Porkkattil, learned counsel appearing for additional 7[th] & 8[th] respondents in W.P.(C) W.P.(C) Nos.15505 & 31684/16 & 25529/19 8 No.15505/2016. Perused the pleadings and the documents on record. 3. So far as W.P.(C) No.15505 of 2016 is concerned, it is filed challenging Ext.P11 order dated 15.04.2016 issued by the Secretary of the Grama Panchayat and Ext.P12 decision of the Thalappalam Grama Panchayat dated 11.04.2016, declining renewal of licence to the quarry operator. There, the case projected by learned Senior Counsel for the petitioner is that, consequent to the Reference Order rendered by the Full Bench of this Court in ' _**Tomy Thomas v. State of Kerala and Others**_ ' [2019 (4) KHC 553 (FB)], the legal position has changed by virtue of the amendments in the Kerala Panchayat Raj Act, 1994 and the Rules thereto and the Village Panchayats do not enjoy any primacy in the power, to refuse applications seeking permission for construction or establishment of any factory, workshop or workplace under Sec.233 of the Kerala Panchayat Raj Act, on and from the date of enforcement of the amendments. 4. To make it clear, the application submitted by the petitioner seeking renewal of the licence was prior to the Amendment Act came into force, i.e., with effect from 20.10.2017, and there is no dispute that the W.P.(C) Nos.15505 & 31684/16 & 25529/19 9 application of the quarry operator was considered taking into account the law stood prior to the amendment. Therefore, learned counsel for the petitioner submitted that, petitioner may be permitted to submit a fresh application before the Secretary of the Panchayat, seeking D&O licence for establishment of the workplace and it would suffice, if a direction is issued to consider the same in accordance with the amended provisions of law and the law laid down by this Court in the afore-quoted order of the Full Bench. 5. So far as W.P.(C) No.31684 of 2016 is concerned, the same is filed by the quarry operator challenging Exts.P9 and P11, notice issued by the Inspector of Police, Erattupetta dated 16.07.2016 and the stop memo issued by SEIAA dated 22.09.2016 respectively, whereby the respective officials have directed the petitioner to stop the quarrying activities, since the petitioner is not abiding the conditions contained in the Environmental Clearance and for other related and consequential reliefs. 6. In my considered opinion, Ext.P11 is only a stop memo issued by the SEIAA, apparently, based on the action taken by the Inspector of Police, Erattupetta as per Ext.P9 dated 16.07.2016, and it has not attained W.P.(C) Nos.15505 & 31684/16 & 25529/19 10 any finality. I am also informed that the quarry operator has filed objection to Ext.P11 stop memo. Therefore, learned counsel on either side submitted that, it would suffice if a direction is issued to finalize the proceedings pertaining to Ext.P11 stop memo by providing notice of hearing to all concerned. 7. Incidentally, one of the petitioner in W.P.(C) No.25529 of 2019 is the complainant before SEIAA and has raised contention that the Environmental Clearance was given by SEIAA, overlooking the provisions of law and without securing a report from the Environment Impact Assessment Authority and without due application of mind. Therein, learned counsel appearing for the petitioner submitted that, the entire issues that are put forth by the petitioners in the said writ petition can also be considered by the Authority, while finalizing the proceedings pertaining to Ext.P11 stop memo dated 22.09.2016 produced along with W.P.(C) No.31684 of 2016. 8. In that view of the matter, I am of the considered opinion that, the writ petitions can be disposed of with appropriate directions. In W.P.(C) No.15505 of 2016, petitioner is at liberty to file W.P.(C) Nos.15505 & 31684/16 & 25529/19 11 suitable application seeking permits/licence from the Thalappalam Grama Panchayat, and if any such application(s) are filed by the quarry operator, it shall be considered in accordance with law and independently and dispassionately without taking into account the findings rendered in Ext.P11 order passed by the Secretary dated 15.04.2016 and the decision of the Thalappalam Grama Panchayat dated 11.04.2016, and also taking into account the amended provisions of law and the principles of law laid down by the Full Bench of this Court in the afore-quoted Reference order, at the earliest, and at any rate, within two months from the date of receipt of a copy of this judgment. 9. W.P.(C) Nos.31684 of 2016 and 25529 of 2019 are disposed of, with direction to the Kerala State Environment Impact Assessment Authority, Thiruvananthapuram i.e., the 2[nd] respondent to finalize the proceedings pertaining to Ext.P11 stop memo dated 22.09.2016, after providing opportunity of hearing to the petitioner, petitioners in W.P.(C) No.25529 of 2019, 8[th] respondent in W.P.(C) No.31684/2016, i.e., K.G. Anilkumar, Convenor, Kizhakkemala Protection Council, Secretary of the Grama Panchayat and all other stakeholders including Centre for Earth Science Studies W.P.(C) Nos.15505 & 31684/16 & 25529/19 12 (CESS), the report drawn by the said organization in respect of the area in which the quarry is situated, the plans prepared under the Disaster Management Act, i.e., National Plan, State Plan and the District Plan and all other inputs available and produced by the petitioners and the interested persons, and attain finality at the earliest, and at any rate, within three months from the date of receipt of a copy of this judgment. The writ petitions are disposed of accordingly. **Sd/-** ## **SHAJI P.CHALY** **JUDGE** St/05.10.2019 W.P.(C) Nos.15505 & 31684/16 & 25529/19 13 ## **APPENDIX OF WP(C) 15505/2016** ## **PETITIONER'S/S EXHIBITS:** |**P1**|**A TRUE COPY OF THE QUARRYING LEASE EXECUTED**| |---|---| ||**BY THE PETITIONER AND THE STATE GOVERNMENT**| ||**DT. 11/10/2007.**| |**P2**|**A TRUE COPY OF THE CONSENT TO OPERATE-**| ||**RENEWAL ISSUED BY THE KERALA STATE**| ||**POLLUTION CONTROL BOARD ON 23/3/2016 VALID**| ||**UPTO 30/06/2018.**| |**P3**|**A TRUE COPY OF THE FORM LE-3 LICENSE ISSUED**| ||**BY THE EXPLOSIVES DEPARTMENT ON 12/1/2003**| ||**WHICH IS RENEWED AND EXTENDED TILL**| ||**31/3/2019.**| |**P4**|**A TRUE COPY OF TE D&O LICENSE DT. 11/2/2004**| ||**ISSUED BY THE FIFTH RESPONDENT TO THE**| ||**PETITIONER TO OPERATE THE QUARRY COVERED**| ||**VIDE EXT.P1.**| |**P5**|**A TRUE COPY OF THE D& O LICENSE DT.**| ||**20/4/2011 ISSUED BY THE FIFTH RESPONDENT TO**| ||**THE PETITIONER.**| |**P6**|**A TRUE COPY OF THE LETTER OF INTENT DT.**| ||**21/3/2016 ISSUED BY THE GEOLOGIST, KOTTAYAM**| ||**TO THE PETITIONER.**| |**P7**|**A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE**| ||**ISSUED BY THE 2ND RESPONDENT TO THE**| ||**PETITIONER DT. 4/3/16 VALID UPTO 3/3/2021.**| |**P8**|**A TRUE COPY OF THE ORDER DT. 11/3/16 PASSED**| ||**BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT**| ||**INSTITUTIONS IN R.P. NO. 154/2014.**| |**P9**|**A TRUE COPY OF THE APPLICATION FOR D & O**| ||**LICENSE DT. 28/3/2016 SUBMITTED BY THE**| ||**PETITIONER BEFORE THE 5TH RESPONDENT.**| |**P10**|**A TRUE COPY OF THE COVERING LETTER DT.**| ||**28/3/2016 SUBMITTED BY THE PETITIONER**| ||**BEFORE THE 5TH RESPONDENT.**| |**P11**|**A TRUE COPY OF THE PROCEEDINGS OF THE 5TH**| ||**RESPONDENT DT. 15/4/2016 ISSUED TO THE**| ||**PETITIONER.**| W.P.(C) Nos.15505 & 31684/16 & 25529/19 14 |**P12**|**A TRUE COPY OF THE DECISION OF THE**| |---|---| ||**PANCHAYAT COMMITTEE MEETING DT. 11/4/2016**| ||**HEADED BY THE 6TH RESPONDENT.**| |**P13**|**A TRUE COPY OF THE DECISION OF THE**| ||**PANCHAYAT COMMITTEE MEETING HELD ON**| ||**10/2/2004 GRANTING PERMISSION UNDER SECTION**| ||**233 OF THE KERALA PANCHAYAT RAJ ACT TO**| ||**START THE QUARRY OF THE PETITIONER.**| |**P14**|**A TRUE COPY OF THE PLAINT IN O.S.NO.120 OF**| ||**2012 ON THE FILES OF THE MUNSIFF COURT,**| ||**ERATTUPETTA.**| |**P15**|**A TRUE COPY OF THE COMMISSION REPORT DATED**| ||**19.06.2012 SUBMITTED BY THE ADVOCATE**| ||**COMMISSIONER IN O.S.NO.120 OF 2012 BEFORE**| ||**THE MUNSIFF COURT, ERATTUPETTA.**| |**P16**|**A TRUE COPY OF THE QUARRYING LEASE DATED**| ||**27.05.2016 EXECUTED BETWEEN THE PETITIONER**| ||**AND THE STATE OF KERALA VALID UPTO**| ||**26.05.2028.**| |**P17**|**A TRUE COPY OF THE JUDGMENT DATED**| ||**22.09.2014 PASSED BY THIS HONOURABLE COURT**| ||**IN W.P.(C) NO.19430 OF 2014.**| |**P18**|**A TRUE COPY OF THE QUARRYING PERMIT DATED**| ||**18.08.2014 ISSUED BY THE GEOLOGIST,**| ||**KOTTAYAM.**| |**P19**|**A TRUE COPY OF THE LETTER DATED 16.11.2012**| ||**ISSUED BY THE DIRECTOR, CENTRE FOR EARTH**| ||**SCIENCE AND STUDIES TO THE PETITIONER.**| |**P20**|**A TRUE COPY OF THE JOINT INSPECTION REPORT**| ||**DATED 30.01.2012 CONDUCTED BY THE**| ||**ENVIRONMENTAL ENGINEER, DISTRICT HEALTH**| ||**OFFICER AND SCIENTIST, KERALA FOREST**| ||**RESEARCH INSTITUTE IN THE PROPERTY OF**| ||**OZHAKKAL GRANITES.**| |**P21**|**A TRUE COPY OF THE QUARRYING LEASE DATED**| ||**27.05.2016 VALID UPTO 26.05.2028 EXECUTED**| ||**BETWEEN THE PETITIONER AND THE STATE**| ||**GOVERNMENT.**| |**P22**|**A TRUE COPY OF THE WORK MEMO DATED**| ||**01.08.2016 FILED BY THE RESPONDENTS 4 TO 6**| ||**BEFORE THE ADVOCATE COMMISSIONER.**| W.P.(C) Nos.15505 & 31684/16 & 25529/19 15 **TRUE COPY OF THE APPLICATION SUBMITTED BY MR. JOHN CHERIAN UNDER THE RIGHT TO INFORMATION ACT BEFORE THE CESS DATED 18.04.2018. P23 A TRUE COPY OF THE INTERIM ORDER DATED 05.08.2016 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN APPEAL NO.26 OF 2016. (TRUE COPY OF THE INFORMATION/COMMUNICATION DATED 04.05.2018 ISSUED BY NCESS TO MR. JOHN CHERIAN DATED 04.05.2018). RESPONDENTS' EXHIBITS: EXHIBIT R7(A) TRUE PHOTOCOPY OF THE ENVIRONMENTAL ASSESSMENT REPORT BY THE SCIENTIST OF CESS. (TRUE PHOTOCOPY OF THE COMMUNICATION DATED 20.06.2014 RECEIVED BY THE ADDL.8TH RESPONDENT FROM THE DIRECTOR OF MINE SAFETY, BENGALURU).** **EXHIBIT R7(B) TRUE PHOTOCOPY OF THE ENVIRONMENTAL ASSESSMENT REPORT BY THE SCIENTIST OF CESS. EXHIBIT R7(C) LIST OF NAME, ADDRESS, WARD NO. AND HOUSE NO. OF PERSONS RESIDING WITHIN A DISTANCE OF 50-100 METRES, 100-200 METRES AND 200300 METRES FROM THE QUARRY SITE. EXHIBIT R7(D) TRUE PHOTOGRAPHS SHOWING THE CRACKS THAT DEVELOPED IN THE WALL OF THE HOUSE OF MR. JOSEPH OLICKAL, (HOUSE NO.3/2012) DUE TO THE EXPLOSIONS FROM THE QUARRY. EXHIBIT R7(E) TRUE PHOTOGRAPHS SHOWING THE CRACK THAT DEVELOPED IN THE WALLS OF THE RESIDENTIAL HOUSE NO.4/317 OF MR. SHAJI, VALIYAVEETIL SITUATED WITHIN 100 METRES DISTANCE FROM THE QUARRY.** **EXHIBIT R7(F) SIMILARLY THE CRACK THAT DEVELOPED ON THE WALL OF THE RESIDENTIAL HOUSE OF THE ADDL.7TH RESPONDENT SRI. CHANDRASEKHARAN.** W.P.(C) Nos.15505 & 31684/16 & 25529/19 16 |**EXHIBIT R7(G)**|**TRUE PHOTOCOPY OF THE ORDER DATED**| |---|---| ||**17.03.2014 ISSUED BY THE THALAPALAM GRAMA**| ||**PANCHAYATH.**| |**EXHIBIT R7(H)**|**DRAFT SITE PLAN OF QUARRY SHOWING THE LAY**| ||**OF THE QUARRY, RESIDENTIAL BUILDINGS AND**| ||**THE PUBLIC ROAD THAT PASS NEAR TO THE**| ||**QUARRY SITE.**| |**ADVOCATE**|| |**COMMISSIONER'S**|| |**EXHIBITS:**|| |**EXHIBIT C1**|**TECHNICAL REPORT SUBMITTED BY ASSISTANT**| ||**EXECUTIVE ENGINEER.**| |**EXHIBIT C2**|**PHOTOGRAPH SHOWING THE BOARDS DISPLAYED AT**| ||**THE QUARRY.**| |**EXHIBIT C3**|**PHOTOGRAPH SHOWING THE EXPOSED ROCK FACE OF**| ||**THE QUARRY.**| |**EXHIBIT C4**|**PHOTOGRAPH SHOWING THE ROAD BEING**| ||**CONSTRUCTED AT THE SECOND LEVEL OF QUARRY.**| |**EXHIBIT C5**|**PHOTOGRAPH SHOWING THE CRACKS ON THE HOUSE**| ||**OF THE ADDL.7TH RESPONDENT.**| |**EXHIBIT C6**|**PHOTOGRAPH SHOWING THE RUBBER PLANTATION OF**| ||**ADDL.8TH RESPONDENT.**| |**EXHIBIT C7**|**PHOTOGRAPH SHOWING THE ROAD LEADING TO THE**| ||**QUARRY.**| |**EXHIBIT C8**|**PHOTOGRAPH SHOWING THE MILK FACTORY IN**| ||**FRONT OF THE QUARRY.**| |**EXHIBIT C9**|**PHOTOGRAPH SHOWING THE JALANIDHI TANK.**| |**EXHIBIT C10**|**PHOTOGRAPHS SHOWING THE STREAMS IN THE**| ||**QUARRY SITE.**| |**EXHIBIT C11**|**PHOTOGRAPH SHOWING THE SURFACE SOIL AND**| ||**METAL HEAP IN AND NEAR THE QUARRY.**| |**EXHIBIT C12**|**PHOTOGRAPH SHOWING THE HOSE PIPE SAID TO BE**| ||**USED AT THE QUARRY.**| W.P.(C) Nos.15505 & 31684/16 & 25529/19 17 ## **APPENDIX OF WP(C) 31684/2016** ## **PETITIONER'S/S EXHIBITS:** |**P1**|**A TRUE COPY OF THE QUARRYING LEASE EXECUTED**| |---|---| ||**BY THE PETITIONER AND THE STATE GOVERNMENT**| ||**DATED 11/10/2007.**| |**P2**|**A TRUE COPY OF THE LETTER OF INTENT DATED**| ||**21/3/2016 ISSUED BY THE GEOLOGIST, KOTTAYAM**| ||**TO THE PETITIONER.**| |**P3**|**A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE**| ||**ISSUED BY THE SECOND RESPONDENT TO THE**| ||**PETITIONER DATED 4/3/2016 VALID UPTO**| ||**3/3/2021.**| |**P4**|**A TRUE COPY OF THE APPLICATION FOR D & O**| ||**LICENSE DATED 28/3/2016 SUBMITTED BY THE**| ||**PETITIONER BEFORE THE SEVENTH RESPONDENT.**| |**P5**|**A TRUE COPY OF THE PROCEEDINGS OF THE**| ||**SEVENTH RESPONDENT DATED 15/4/2016 ISSUED**| ||**TO THE PETITIONER.**| |**P6**|**A TRUE COPY OF THE DECISION OF THE**| ||**PANCHAYAT COMMITTEE MEETING DATED 11/4/2016**| |**P7**|**A TRUE COPY OF THE INTERIM ORDER DATED**| ||**26/4/2016 PASSED BY THE LEARNED SINGLE**| ||**JUDGE OF THIS HONOURABLE COURT IN WPC 15505**| ||**0F 2016.**| |**P8**|**A TRUE COPY OF THE QUARRYING LEASE EXECUTED**| ||**BETWEEN THE PETITIONER AND THE STATE**| ||**GOVERNMENT DATED 27/5/2016.**| |**P9**|**A TRUE COPY OF THE ORDER DATED 16/7/2016**| ||**ISSUED BY THE SIXTH RESPONDENT TO THE**| ||**PETITIONER.**| |**P10**|**A TRUE COPY OF THE REPLY DATED 26/7/2016**| ||**ISSUED BY THE PETITIONER TO THE SIXTH**| ||**RESPONDENT.**| |**P11**|**A TRUE COPY OF THE ORDER DATED 22/9/2016**| ||**ISSUED BY THE SECOND RESPONDENT TO THE**| ||**PETITIONER.**| |**RESPONDENTS'**|**EXHIBITS: NIL**| W.P.(C) Nos.15505 & 31684/16 & 25529/19 18 ## **APPENDIX OF WP(C) 25529/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE ORDER 806/SEIAA/EC4/2237/2015, DATED 04.03.2016 OF THE 3RD RESPONDENT.** **EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE OFFICE MEMORANDUM NO.L-11011/47/2011-IA.II(M), DATED 18TH MAY, 2012 ISSUED BY THE 4TH RESPONDENT.** **EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE GAZETTE NOTIFICATION NO.141(E), DATED 15.01.2016 ISSUED BY THE 4TH RESPONDENT.** **EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE ORDER O.M.NO.J13012/12/2013-IA-II(i), DATED 24.12.2013 ISSUED BY THE 4TH RESPONDENT.** **EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPORT OF THE CENTRE FOR EARTH SCIENCE STUDIES, THIRUVANANTHAPURAM, DATED 09.05.2012. EXHIBIT P6 SOME PHOTOGRAPHS OF THE LAND WHERE THE 6TH RESPONDENT HAS CARRIED OUT QUARRYING OPERATIONS ON THE BASIS OF EXHIBIT P1 EC.** ## **RESPONDENTS' EXHIBITS: NIL**