Vaniyamkulam Grama Panchayath v State of Kerala; M/s JMC Granites v State of Kerala & Others; Unnikrishnan K.P. v State Environment Impact Assessment Authority & Others (WP(C).No.5589/2019, WP(C).No.9656/2019, WP(C).No.25439/2019)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941** ## **WP(C).No.5589 OF 2019(W)** ## **PETITIONER/S:** **VANIYAMKULAM GRAMA PANCHAYATH REPRESENTED BY THE PRESIDENT, VANIYAMKULAM GRAMA PANCHAYATH OFFICE, VANIYAMKULAM P.O., OTTAPPALAM - 679 522.** **BY ADV. SMT.R.LEELA** ## **RESPONDENT/S:** |**1**|**THE DISTRICT COLLECTOR,**| |---|---| ||**DISTRICT ENVIRONMENTAL IMPACT**| ||**ASSESSMENT AUTHORITY,**| ||**COLLECTORATE OFFICE,**| ||**PALAKKAD - 678 001.**| |**2**|**THE GEOLOGIST,**| ||**MINING AND GEOLOGY DISTRICT OFFICE,**| ||**NEAR TOWN BUS STAND COMPLEX,**| ||**PALAKKAD - 678 014.**| |**3**|**THE ENVIRONMENTAL ENGINEER,**| ||**KERALA STATE POLLUTION CONTROL BOARD,**| ||**DISTRICT OFFICE, PALAKKAD - 678 001.**| |**4**|**THE CIRCLE INSPECTOR,**| ||**OTTAPPALAM POLICE STATION,**| ||**OTTAPPALAM P.O., PALAKKAD - 679 101.**| |**5**|**JMC GRANITES, REPRESENTED BY JANARDHANAN NAIR,**| ||**AGED 50 YEARS, A/O KESAVAN NAIR, CHEROTTUR P.O.,**| ||**VANIYAMKULAM, OTTAPPALAM - 679 522.**| |***6**|**ADDL.R6- ASSISTANT EXECUTIVE ENGINEER,**| ||**OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,**| ||**PWD BUILDINGS, SUB DIVISION, SHORANUR,**| ||**PALAKKAD-679121**| ||**(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 24.9.2019 IN**| ||**IA.NO.2/2019 IN WP(C).**| WPC 5589,9656,25439/19 2 **BY ADVS. GOVERNMENT PLEADER-SRI.K.J.MANURAJ R5 BY ADV. SRI.JOBI JOSE KONDODY SRI.T.NAVEEN-SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).25439/2019(D), WP(C).9656/2019(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 5589,9656,25439/19 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941** ## **WP(C).No.9656 OF 2019(F)** ## **PETITIONER/S:** **UNNIKRISHNAN K.P., AGED 30 YEARS S/O. VENUGOPAL, RESIDING AT KUNJATH HOUSE, CHOROTTUR P.O, MANISSERY (VIA), PALAKKAD 679 521.** **BY ADVS. SRI.MANU RAMACHANDRAN SRI.T.S.SARATH SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA)** ## **RESPONDENT/S:** - **1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM 695 001, REPREENTED BY ITS MEMBER SECRETARY.** - **2 THE GEOLOGIST, DISTRICT OFFICE OF DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT 678 014.** - **3 DISTRICT COLLECTOR, OFFICE OF DISTRICT COLLECTOR, PALAKKAD DISTRICT 678 001** - **4 THE VANIYAMKULAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY PIN 679 522.** - **5 THE SECRTARY, VANIYAMKULAM GRAMA PANCHAYAT, PALAKKAD DISTRICT 679 522** - **6 THE VILLAGE OFFICER, VANIYAMKULAM-II VILLAGE OFFICE, VANIYAMKULAM, PALAKKAD DISTRICT 679 522** WPC 5589,9656,25439/19 4 **7** **M/S. J.M.C GRANITES, CHOROTTUR P.O, MANISSERY (VIA), OTTAPPALAM, PALAKKAD 679 521, REPRESENTED BY ITS MANAGING PARTNEER, JANARDHANAN NAIR.** **R4 BY ADV. SMT.R.LEELA R7 BY ADV. SRI.JOBI JOSE KONDODY GP K.J.MANURAJ; SC FOR SEIAA M.P.SREEKRISHNAN; SC FOR PCB T.NAVEEN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).25439/2019(D), WP(C).5589/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 5589,9656,25439/19 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941** ## **WP(C).No.25439 OF 2019(D)** ## **PETITIONER/S:** |||**JMC GRANITES, CHEROTTUR (P.O.) VANIYAMKULAM,**| |---|---|---| |||**OTTAPPALAM, PALAKKAD 679 521,**| |||**REPRESENTED BY ITS MANAGING PARTNER**| |||**V.K. JANARDHANAN NAIR, AGED 50 YEARS,**| |||**S/O. KESAVAN NAIR.**| |||**BY ADV. SRI.JOBI JOSE KONDODY**| |**RESPONDENT/S**<br>**:**||| |**1**||**STATE OF KERALA**| |||**REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,**| |||**LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT**| |||**SECRETARIAT, THIRUVANANTHAPURAM. 695 001.**| |**2**||**THE VANIYAMKULAM GRAMA PANCHAYTH**| |||**REPRESENTED BY ITS SECRETARY, VANIYAMKULAM GRAMA**| |||**PANCHAYAT OFFICE, VANIYAMKULAM (P.O.), PALAKKAD**| |||**DISTRICT 679 522.**| |**3**||**THE SECRETARY,**| |||**THE VANIYAMKULAM GRAMA PANCHAYAT, VANIYAMKULAM**| |||**GRAMA PANCHAYAT OFFICE, VANIYAMKULAM (P.O.),**| |||**PALAKKAD DISTRICT 679 522.**| |**4**||**THE GEOLOGIST, MINING AND GEOLOGY DISTRICT**| |||**OFFICE, TOWN BUS STAND COMPLEX,**| |||**PALAKKAD 678 014.**| |**5**||**THE ENVIRONMENTAL ENGINEER,**| |||**KERALA STATE POLLUTION CONTROL BOARD DISTRICT**| |||**OFFICE, KENATHUPARAMBU, KUNATHURMEDU,**| |||**PALAKKAD 678 001.**| WPC 5589,9656,25439/19 6 **6 SMT. PRIYA.M., D/O. KARUPPAN.M., THE PANCHAYAT PRESIDENT, VANIYAMKULAM GRAMA PANCHAYAT, MULLAKKAL HOUSE, VELLIYAD, VANIYAMKULAM (PO), OTTAPPALLAM PALAKKAD 679 522** **7 KRISHNAKUMAR. K. MEMBER WARD NO. 3, VANIYAMKULAM GRAMA PANCHAYAT, VANIYAMKULAM GRAMA PANCHAYAT OFFICE, VANIYAM KULAM (PO), PALAKKAD DISTRICT 679 522.** - ***8 ADDL.R8 UNNIKRISHNAN K.P., AGED 30 YEARS, S/O VENUGOPAL, KUNJATH HOUSE, CHOROTTUR PO, MANISSERY VIA, OTTAPPALAM TALUK, PALAKKAD DISTRICT – 679 521** **R3, R6 BY ADV. SMT.R.LEELA SRI.K.J.MANURAJ - GP** **R8 BY ADV. MANU RAMACHANDRAN R8 BY ADV. SRI.M.KIRANLAL R8 BY ADV. SRI.R.RAJESH (VARKALA) R8 BY ADV. SRI.T.S.SARATH SRI.T.NAVEEN-SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).5589/2019(W), WP(C).9656/2019(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 5589,9656,25439/19 7 ## **JUDGMENT** These Writ Petitions require to be heard together and are being so done, on account of the interlayered factual circumstances presented therein and because the reliefs to be granted in one will certainly regulate and modulate the reliefs to be granted in the others. 2. Among the above three Writ Petitions, WP(C)No.25439/2019 has been filed by an entity called M/s JMC Granites seeking that Ext.P13 order of the 3[rd] respondent-Secretary of the Vaniyamkulam Grama Panchayath, be set aside, as per which, their application for renewal of the Trade Licence for running a quarry, has been declined merely saying that the Panchayath Committee has decided not to grant any such. M/s JMC Granites asserts that Ext.P13 is illegal and contrary to the declaration of law by the Full Bench of this Court in **Tomy Thomas** WPC 5589,9656,25439/19 8 ## **v. State of Kerala [2019(3) KLT 987 (FB)];** and therefore, prays that Ext.P13 be set aside and their application for renewal be directed to be taken up and allowed at the earliest. 3. While so, WP(C)No.5589/2019 has been filed by Vaniyamkulam Grama Panchayath, represented through its President, asserting that the activity being carried on by M/s JMC Granites is contrary to the specific directions issued by the District Geologist in Ext.P9 proceedings and therefore, prays that the said Authority be directed to ensure that all such conditions are complied with by them. 4. Finally, WP(C)No.9656/2019 has been filed by Sri.Unnikrishnan K.P., who is stated to be a resident of the area where the quarrying operations are being carried on by M/s JMC Granites, alleging that such activity is causing horrendous pollution and irreparable prejudice to the residents of the locality, WPC 5589,9656,25439/19 9 including himself; and thus that the Environmental Clearance granted by the erstwhile District Environment Impact Assessment Authority (DEIAA for short) be set aside, particularly because, it has now been declared by the National Green Tribunal (NGT for short) that composition of DEIAA itself was illegal and that a valid Environmental Clearance could have been granted only by the State Environment Impact Assessment Authority (SEIAA for short), the 1st respondent herein. Sri.Unnikrishnan K.P, however, concedes that he has preferred Ext.P5 representation before the SEIAA, virtually seeking a post Environmental Clearance monitoring of the quarrying being continued by M/s JMC Granites; and alternatively, prays that the SEIAA be directed to consider the same and take immediate remedial action, including cancellation of the impugned Environmental Clearance. WPC 5589,9656,25439/19 10 5. I have heard Sri.Jobi Jose Kondody, learned counsel for M/s JMC Granites; Smt.R.Leela, learned Standing Counsel appearing for Vaniyamkulam Grama Panchayath; Sri.Manu Ramachandran, learned counsel appearing for Sri.Unnikrishnan K.P; Sri.M.P.Sreekrishnan, learned Standing Counsel for the SEIAA; Sri.T.Naveen, learned Standing Counsel for the Pollution Control Board and Sri.K.J.Manuraj, learned Government Pleader, appearing on behalf of the official respondents. 6. Even a glance at the afore narrative would show that the complaint of Sri.Unnikrishnan K.P. and the Grama Panchayath is that the quarrying activity being carried on by M/s JMC Granites is causing horrendous pollution and detriment to the residents of the locality. It is without doubt, however, that both sides agree that an Environmental Clearance has already been granted to M/s JMC WPC 5589,9656,25439/19 11 Granites by the erstwhile DEIAA and that the same is still in force. Nothing has been brought before this Court to show that there has been any statutory challenge against the said Environmental Clearance, except that Sri.Unnikrishnan K.P has preferred Ext.P5 application in WP(C)No.9656/2019 before the SEIAA seeking an investigation into the quarrying activities of M/s JMC Granites. 7. That being so, M/s JMC Granites has approached this Court seeking that their Trade Licence earlier issued by the Vaniyamkulam Grama Panchayath be renewed and that the proceedings of the Secretary, impugned in WP(C)No.25439/2019, be set aside, since the said Authority has merely followed the dictates of the Panchayath Committee, contrary to the declaration of law by this Court in **Tomy Thomas** (supra). 8. When I consider the afore submissions WPC 5589,9656,25439/19 12 and examine the materials on record, it is without doubt that M/s JMC Granites is still in possession of a valid Environmental Clearance issued by the competent Authority and since there is no statutory challenge to the same yet, I can only hold that the said Environmental Clearance continue to be in force, notwithstanding the declaration by the NGT regarding composition of the DEIAA, being guided by the well established _de facto_ doctrine. 9. That said, since the sole allegation of the Panchayath is that M/s JMC Granites is not complying with Ext.P9 instructions given by the District Geologist, I asked the learned Government Pleader as to the steps taken by the said Authority in this regard and he submits that a counter affidavit has been filed in WP(C)No.25439/2019, wherein, the Geologist has clearly stated in paragraph 5 thereof as under: WPC 5589,9656,25439/19 13 |5.|It is also submitted that 4<br>th<br>respondent| |---|---| ||received complaints from the nearby| ||residence against the operation of the| ||quarry situated in Survey No.2/3 of| ||Vaniyamkulam-II<br>Village<br>owned<br>by| ||Sri.V.K.Janardhanan<br>Nair,<br>Managing| ||Partner, M/s JMC Granites, Chorottoor,| ||Ottappalam. Based on this complaint this| ||respondent conducted detailed inspection| ||in the quarry and surrounding area and the| ||nearby<br>residential<br>buildings.<br>On| ||inspection some irregularities are noticed| ||in the operation of quarry and observed| ||that minor cracks are developed in the| ||walls of the residential buildings. This| ||office could not ascertain whether the| ||crack developed due to the explosives used| ||in the quarry. A report from the Engineer| ||of the Public Works Department is| ||necessary to ascertain whether the cracks| ||are developed in the walls of the| ||residential building is due to the| ||operation of the quarry. This respondent| ||issued Exhibit P10 notice to petitioner,| ||to restore the conditions in the quarry,| ||wherein it was instructed to-| |a)|change in the quarrying operation from| ||southern part of the quarrying permit area| ||to Northern part of the quarrying| ||permitted area as a part of taking safety| ||measures.| |b)|overburden and the ordinary earth| ||generated as a part of the quarrying| ||activity and which is stocked in the North| ||Western part of outside the quarrying| ||permit area is shifted to Eastern part| ||outside the quarrying permit area.| |c)|It is further instructed to reduce the| ||quantity of explosives used in the quarry| ||as a part of taking precautions while| ||blasting take place, and also instructed| ||to erect a board showing the blasting time| ||for the awareness of general public.| |d)|It is also instructed to construct pathway| ||for natural flow of rainwater from the| ||hillock without hindrance to the flow of| WPC 5589,9656,25439/19 14 the water. The petitioner complied with the above instructions and informed the 4th respondent vide letter dated 25.01.2019 (Exhibit P11). This respondent again inspected the area and found that the rectification measures have already been taken by the petitioner as instructed in the notice dated 14.01.2019. The learned Government Pleader submits that, therefore, the allegation of the Panchayath as regards the non-compliance of Ext.P9 in WP(C)No.5589/2019 by M/s JMC Granites does not appear to be tenable, but that the Geologist will inspect the premises and verify it on a regular basis. 10. As regards the allegations of Sri.Unnikrishnan K.P. in WP(C)No.9656/2019 are concerned, the learned Government Pleader submits that since his allegations are against the Environmental Clearance granted by the erstwhile DEIAA and further that M/s JMC Granites is not complying with the conditions therein, his proper remedy is to move the SEIAA and have his objections, namely Ext.P5, taken WPC 5589,9656,25439/19 15 into account and considered in terms of law, particularly, under the post Environmental Clearance monitoring regime as per the Environmental Impact Assessment Notification, 2006. He, therefore, prays that no further orders may be issued against the official respondents in these Writ Petitions. 11. In the light of the above and considering all the relevant aspects, I am of the view that these Writ Petitions deserve to be ordered in the following manner: a) WP(C)No.25439/2019 is ordered, setting aside Ext.P13 proceedings of the Secretary of the Vaniyamkulam Grama Panchayath; with a consequential direction to reconsider Ext.P8 application of M/s JMC Granites for renewal of their earlier Trade Licence, strictly in terms of law and adverting to the declarations by the Full Bench of this Court in **Tomy Thomas v. State of Kerala [2019(3) KLT 987 (FB)]** . This WPC 5589,9656,25439/19 16 shall be done by the Secretary as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to Sri.Unnikrishnan K.P also. For this purpose, I direct the authorised representative of M/s JMC Granites and Sri.Unnikrishnan K.P. to mark appearance in the Office of the Secretary of the Panchayath at 11 a.m. on 16.12.2019 and the said Authority will then issue orders within the time frame granted herein. b) WP(C)No.5589/2019 is ordered, directing the District Geologist to ensure that all conditions in Ext.P9 are complied with and to make sure that these conditions are not violated in future by M/s JMC Granites. Further, any complaint to be preferred by the Panchayath, including Ext.P14, if it is still pending, shall be forthwith considered by the WPC 5589,9656,25439/19 17 SEIAA in terms of law and the resultant order communicated to them, after affording an opportunity of being heard to the authorised representative of M/s JMC Granites and Sri.Unnikrishnan K.P., as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. c) WP(C)No.9656/2019 is ordered partly, without acceding to the request of Sri.Unnikrishnan K.P. to set aside the Environmental Clearance; but leaving him liberty to approach the SEIAA appropriately with respect to any complaint that he may have as regards operation of the quarry by M/s JMC Granites in future; with a consequential direction to the SEIAA to take up Ext.P5 representation of Sri.Unnikrishnan K.P and dispose of the same, after affording an opportunity of being heard to him and to the authorised representative of M/s JMC Granites, WPC 5589,9656,25439/19 18 as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. d) Needless to say, the complaints of Sri.Unnikrishnan K.P. and others with respect to the damage caused to their properties and buildings on account of the operation of the quarrying being carried on by M/s JMC Granites will also be specifically noticed by the SEIAA and remedial measures shall be initiated and completed without any avoidable delay, if it is found that such damage has been caused on account of the quarrying activities. e) It goes without saying that the SEIAA will be obligated in law to continuously monitor the quarrying activities being carried on by M/s JMC Granites and to ensure that they do not, in any manner, violate any of the conditions and stipulations in the Environmental Clearance and that all their WPC 5589,9656,25439/19 19 activities are within the bounds as mandated in law, so as to finally ensure that the lives and properties of the neighbouring residents are not, in any manner, prejudiced or detrimentally affected. f) Needless to say, the SEIAA, while exercising its jurisdiction as directed in (e) above, will be obligated to take into account every complaint, not merely those which are mentioned in Ext.P5, to be made by any resident of the locality and take appropriate action in terms of law, after following due procedure. ## **Sd/-** ## **DEVAN RAMACHANDRAN** RR **JUDGE** WPC 5589,9656,25439/19 20 ## APPENDIX OF WP(C) 5589/2019 ## PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.20965/2018 DATED 05.09.2018. EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN WPC NO.36836/2018 DATED 04.12.2018. EXHIBIT P3 THE PHOTOGRAPHS SHOWING THE DAMAGE CAUSED TO THE RESIDENTIAL HOUSES, A,B,C,D. EXHIBIT P4 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 18.12.2018 ISSUED BY THE SECRETARY,VANIYAMKULAM GRAMA PANCHAYATH TO THE 5TH RESPONDENT. EXHIBIT P5 A TRUE COPY OF T HE REPLY DATED 19.12.2018 SUBMITTED BY THE 5TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE RESOLUTION NO.6/1 DATED 22.12.2018 OF VANIYAMKULAM GRAMA PANCHAYATH. EXHIBIT P7 THE TRUE COPY OF THE COMMUNICATION NO.A3-8888/2017 DATED 14/01/2019 SENT TO THE 1ST RESPONDENT. EXHIBIT P8 THE TRUE COPY OF THE COMMUNICATION NO.A3-8888/2017 DATED 14/01/2019 SENT TO THE 2ND RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION NO.DOP/3225/2018/A1 DATED 16.01.2019 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE RESOLUTION NO.14(1) DATED 28.01.2019. EXHIBIT P11 A COMMUNICATION NO.8/19 DATED 29.01.2019 SENT BY THE VILLAGE OFFICER, VANIYAMKULAM - 2. WPC 5589,9656,25439/19 21 |EXHIBIT P12|THE TRUE COPY OF THE COMMUNICATION| |---|---| ||NO.D2/GL/2019 DATED 27.05.2019 ISSUED| ||BY THE OFFICE OF THE ASSISTANT| ||EXECUTIVE ENGINEER, PUBLIC WORKS| ||DEPARTMENT.| |EXHIBIT P13|THE TRUE COPY OF THE COMMUNICATION| ||NO.RC3/368/2019/LSG DATE 01.09.2019| ||ISSUED BY THE UNDER SECRETARY| ||DEPARTMENT OF LOCAL SELF GOVERNMENT| ||(RC)| |EXHIBIT P14|THE TRUE COPY OF THE REPRESENTATION| ||DATED 04.11.2019 GIVEN TO THE STATE| ||ENVIRONMENTAL IMPACT ASSESSMENT| ||AUTHORITY.| |EXHIBIT P15|THE TRUE COPY OF THE COURIER RECEIPT| ||TO SHOW THE DESPATCH.| |EXHIBIT P16|THE TRUE COPY OF THE RECEIPT| ||NO.153000/2019 DATED 04.11.2019| ||ISSUED FROM THE OFFICE OF THE| ||DISTRICT COLLECTOR, PALAKKAD| ||REGARDING THE RECEIPT OF THE| ||REPRESENTATION.| |EXHIBIT P17|THE TRUE COPY OF THE RECEIPT| ||NO.152999/2019 DATED 04.11.2019| ||ISSUED FROM THE OFFICE OF THE| ||DISTRICT ENVIRONMENTAL IMPACT| ||OFFICER, PALAKKAD REGARDING THE| ||RECEIPT OF THE REPRESENTATION.| |EXHIBIT P18|THE TRUE COPY OF THE RECEIPT NO.8| ||DATED 04.11.2019 ISSUED FROM THE| ||OFFICE OF THE SUB COLLECTOR, PALAKKAD| ||REGARDING THE RECEIPT OF THE| ||REPRESENTATION.| |RESPONDENT'S/S|EXHIBITS:| |ANNEXURE R6(A)|A TRUE COPY OF THE ORDER ISSUED BY THE SUB| ||COLLECTOR TO THE EXECUTIVE ENGINEER DATED| ||01/04/2019.| |EXHIBIT R5(A)|A TRUE COPY OF THE D AND O LICENSE DATED| ||25/10/2018 ISSUED BY THE VANIYAMKULAM GRAMA| ||PANCHAYAT TO THE SEVENTH RESPONDENT.| WPC 5589,9656,25439/19 22 EXHIBIT R5(B) PHOTOGRAPH SHOWING THE BUMB CONSTRUCTED IN THE ROAD. EXHIBIT R5(C) A TRUE COPY OF THE QUARRYING PERMIT DATED 02/11/2018 ISSUED BY THE SECOND RESPONDENT TO THE FIFTH RESPONDENT. WPC 5589,9656,25439/19 23 ## APPENDIX OF WP(C) 25439/2019 |PETITIONER'S/S|EXHIBITS:| |---|---| |EXHIBIT P1|A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE| ||DATED 7.5.2018 ISSUED BY THE DISTRICT| ||ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,| ||PALAKKAD TO THE PETITIONER.| |EXHIBIT P2|A TRUE COPY OF THE CONSENT TO OPERATE DATED| ||10.5.2018 VALID UPTO 9.5.2023 ISSUED BY THE| ||KERALA STATE POLLUTION CONTROL BOARD TO THE| ||PETITIONER.| |EXHIBIT P3|A TRUE COPY OF THE FORM LE 3 LICENSE DATED| ||18.6.2018 VALID UPTO 31.3.2013.| |EXHIBIT P4|A TRUE COPY OF THE JUDGMENT DATED 5.9.2018| ||PASSED BY THE LEARNED SINGLE JUDGE OF THIS| ||HONOURABLE COURT IN WPC NO. 20965 OF 2018| |EXHIBIT P5|A TRUE COPY OF THE D & O LICENSE DATED| ||25.10.2018 ISSUED BY THE VANIYAMKULAM GRAMA| ||PANCHAYATH VALID UPTO 31.3.2019 FOR MINING| ||BUILDING STONES.| |EXHIBIT P6|A TRUE COPY OF THE QUARRYING PERMIT DATED| ||2.11.2018 VALID UPTO 31.3.2019 ISSUED BY| ||THE FOURTH RESPONDENT TO THE PETITIONER| ||UNDER THE PROVISIONS OF THE KERALA MINOR| ||MINERAL CONCESSION RULES 2015.| |EXHIBIT P7|A TRUE COPY OF THE JUDGMENT DATED 4.12.2018| ||PASSED BY THE DIVISION BENCH OF THIS| ||HONOURABLE COURT IN WPC NO. 36836 OF 2018.| |EXHIBIT P8|A TRUE COPY OF THE D & O LICENSE RENEWAL| ||APPLICATION SUBMITTED BY THE PETITIONER| ||BEFORE THE THIRD RESPONDENT DATED| ||19.2.2019.| |EXHIBIT P9|A TRUE COPY OF THE NOTICE DATED 29.3.2019| ||ISSUED BY THE THIRD RESPONDENT TO THE| ||PETITIONER.| |EXHIBIT P10|A TRUE COPY OF THE NOTICE DATED 14.1.2019| WPC 5589,9656,25439/19 24 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXHIBIT P11 A TRUE COPY OF THE REPLY DATED 25.1.2019 ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT. - EXHIBIT P12 A TRUE COPY OF THE LETTER OF INTENT DATED 27.5.2019 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. - EXHIBIT P13 A TRUE COPY OF THE COMMUNICATION DATED 24.7.2019 ISSUED BY THE THIRD RESPONDENT TO THE FIRST PETITIONER EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 7.9.2019 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 9.7.2019 PASSED BY THE DEPUTY DIRECTOR OF PANCHAYAT, PALAKKAD AND ISSUED TO THE THIRD RESPONDENT. WPC 5589,9656,25439/19 25 ## APPENDIX OF WP(C) 9656/2019 PETITIONER'S/S EXHIBITS: |EXHIBIT P1|THE TRUE COPY OF THE PHOTOGRAPHS SHOWING| |---|---| ||THE CRACKS WHICH HAVE APPEARED ON THE| ||BUILDINGS IN THE VICINITY OF THE 7TH| ||RESPONDENT, SOIL KEPT IN HEALS IN THE HILLY| ||TERRAIN.| |EXHIBIT P2|THE TRUE COPY OF THE REPORT DATED 29-01-| ||2019 OF 6TH RESPONDENT VILLAGE OFFICER| |EXHIBIT P3|THE TRUE COPY OF THE LETTER NO.| ||DOP/3225/2018/A1 DATED 16/01/2019 ISSUED BY| ||THE 2ND RESPONDENT TO 3RD RESPONDENT| |EXHIBIT P4|THE TRUE COPY OF THE APPROVAL OF MINING| ||PLAN ISSUED TO THE 7TH RESPONDENT BY THE| ||2ND RESPONDENT| |EXHIBIT P5|THE TRUE COPY OF THE REPRESENTATION NIL| ||DATED PREFERRED BY THE PETITIONER BEFORE| ||THE 1ST RESPONDENT ALONG WITH THE POSTAL| ||RECEIPT| |EXHIBIT P6|THE TRUE COPY OF THE PRINT OUT OF EMAIL| ||SENT TO THE RESPONDENT 1 TO 5| |RESPONDENT'S/S|EXHIBITS:| |EXHIBIT R7 A|A TRUE COPY OF THE JUDGMENT DATED| ||05/09/2018 PASSED BY THE LEARNED SINGLE| ||JUDGE OF THIS HONOURABLE COURT IN WPC| ||NO.20965/2018.| |EXHIBIT R7 B|A TRUE COPY OF THE D&O LICENSE DATED| ||25/10/2018 ISSUED BY THE FIFTH RESPONDENT| ||TO THE SEVENTH RESPONDENT.| |EXHIBIT R7 C|A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE| ||ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT| ||ASSESSMENT AUTHORITY, PALAKKAD TO THE| ||SEVENTH RESPONDENT.| |EXHIBIT R7 D|A TRUE COPY OF THE CONSENT TO OPERATE DATED| ||10/05/2018 VALID UPTO 09/05/2023 ISSUED BY| WPC 5589,9656,25439/19 26 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PALAKKAD TO THE SEVENTH RESPONDENT. EXHIBIT R7 E A TRUE COPY OF THE FORM LE-3 LICENSE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 18/06/2018 VALID UPTO 31/03/2023 TO THE SEVENTH RESPONDENT. EXHIBIT R7 F A TRUE COPY OF THE QUARRYING PERMIT DATED 025/11/2018 ISSUED BY THE SECOND RESPONDENT TO THE SEVENTH RESPONDENT. EXHIBIT R7 G A TRUE COPY OF THE JUDGMENT DATED 04/12/2018 PASSED BY THIS HONOURABLE COURT IN WPC NO.36836/2018. EXHIBIT R7 H A TRUE COPY OF THE PETITION DATED 07/02/2019 FILED BY THE SEVENTH RESPONDENT BEFORE THE CIRCLE INSPECTOR OF POLICE, OTTAPPALAM. EXHIBIT R7 I A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OTTAPPALAM POLICE STATION EVIDENCING RECEIPT OF EXHIBIT R7(H). EXHIBIT R7 J TRUE PHOTOGRAPHS SHOWING THE OBSTRUCTION CAUSED BY THE PETITIONER HEREIN AND HIS MEN OBSTRUCTING THE EXPLOSIVES VEHICLE AND THE LORRY TRANSPORTING BUILDING STONE FROM THE QUARRY OF THE SEVENTH RESPONDENT. EXHIBIT R7 K A TRUE COPY OF THE PETITION FILED BY THE SEVENTH RESPONDENT BEFORE THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM AGAINST THE FATHER OF THE WRIT PETITIONER ON 07/03/2019. EXHIBIT R7 L A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY OTTAPALAM POLICE STATION DATED 07/03/2019 EVIDENCING RECEIPT OF EXHIBIT R7(K). EXHIBIT R7 M A TRUE PHOTOGRAPH SHOWING THE CRACKS DEVELOPED ON THE WALL OF THE VILLAGE OFFICE, VANIYAMKULAM.