Kerala High Court
Unknown vs Present
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 30TH DAY OF JULY 2018 / 8TH SRAVANA, 1940
WP(C).No. 29246 of 2016
PETITIONERS
1 CHEKKU
S/O. CHEMMERAN, AGED 70 YEARS, KOLIYATTU MALAYIL HOUSE,
NANMINDA P.O., KOZHIKODE DISTRICT, PIN-673613.
2 K.M.BALAN
S/O. CHEKKUTTY, AGED 55 YEARS, MAVULLAKUZHIYIL HOUSE,
NANMINDA P.O., KOZHIKODE DISTRICT, PIN-673613.
3 SREEJITH P.K.
S/O. CHEKKU, AGED 33 YEARS, KOLIYATTUMMAL HOUSE,
NANMINDA P.O., KOZHIKODE DISTRICT, PIN-673613.
BY ADVS.SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
RESPONDENTS
1. THE DISTRICT COLLECTOR
KOZHIKODE.
2. THE DISTRICT GEOLOGIST, KOZHIKODE
3 ENVIRONMENTAL ENGINEER
DISTRICT OFFICE OF THE KERALA STATE POLLUTION CONTROL
BOARD,
3RD FLOOR, ZAMORIN'S SQUARE, LINK ROAD, KOZHIKODE-673002.
4. BALUSSERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KOZHIKODE.
5. M.MOOSA HAJI
S/O. POCKER HAJI, AGED 60 YEARS, POOMTHOTTAMPOYIL,
EARPONA P.O., THACHAMPOYIL, KOZHIKODE DISTRICT,
PIN-673573.
2
WP(C).No. 29246 of 2016
6. K.A.SHAMEENA
D/O. ABBAS, RAZIYA MANZIL, N.I.T. CAMPUS P.O.,
KOZHIKODE DISTRICT, PIN-673601.
R1-R2 BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR
R3 BY SRI. T.NAVEEN SC
R4 BY ADVS. SRI.VINOD SINGH CHERIYAN
SRI.T.M.KHALID
SMT.V.MIMITA
SMT.O.SARANYA
R6 BY ADV. SRI.PAUL K.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mks
WP(C).No. 29246 of 2016 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED
24-9-2007, GRANTED TO 5TH RESPONDENT BY THE 2ND
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE D & O LICENSE DATED 24-10-2015,
GRANTED TO THE 6TH RESPONDENT BY THE 4TH
RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE D & O LICENSE DATED 7-4-2016,
GRANTED TO THE 6TH RESPONDENT BY THE 4TH
RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE QUARRYING PERMIT DATED
1-2-2016, GRANTED TO THE 6TH RESPONDENT BY THE
2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF S.R.O.NO. 671 OF 2015, PUBLISHED ON
5-10-2015 BY THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE CONSENT TO OPERATE THE
QUARRY DATED 1-4-2016, GRANTED TO THE 6TH
RESPONDENT BY THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE D&O LICENSE DATED 6-4-2016,
GRANTED TO OPERATE METAL CRUSHER UNIT TO THE
6TH RESPONDENT BY THE 4TH RESPONDNET
EXHIBIT P8 A TRUE COPY OF THE CONSENT TO OPERATE THE
METAL CRUSHER AND M-SAND UNIT DATED 17-9-2017,
GRANTED TO THE 6HT RESPONDENT BY TEH 3RD
RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE CONSENT VARIATION ORDER
DATED 16-10-2014, GRANTED TO THE 6TH RESPONDENT
BY THE 3RD RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE COMPLAINT DATED 15-3-2016,
SUBMITTED BY THE PETITIONERS AND OTHER
RESIDENTS BEFORE THE 1ST RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE COMPLAINT DATED 4-4-2016,
SUBMITTED BY THE TRIBAL HEAD BEFORE THE 1ST
RESPONDENT.
RESPONDENT(S)' EXHIBITS
EXHIBIT R6(1) A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
OBTAINED TO SRI.VIJI JOSEPH FROM THE DISTRICT
ENVIRONMENTAL IMPACT ASSISTANT AUTHORITY,
KOZHIKODE DATED 9.1.2013.
WP(C).No. 29246 of 2016 (E)
EXHIBIT R6(2) A TRUE COPY OF THE PERMISSION ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD DATED
3.2.2018.
EXHIBIT R6(3) A TRUE COPY OF THE LICENSE ISSUED TO SRI.VIJI
JOSEPH DATED 12.2.2018.
EXHIBIT R6(4) A TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED TO
SRI.VIJI JOSEPH DATED 16.3.2015.
EXHIBIT R6(5) A TRUE COPY OF THE RECEIPT OF RS.240100/- ISSUED TO
SRI.VIJI JOSEPH DATED 15.12.2018 BEFORE THE MINING
AND GEOLOGY DEPARTMENT, KOZHIKODE.
EXHIBIT R6(6) A TRUE COPY OF THE D AND O LICENCE ISSUED BY
BALLUSSERY PANCHAYAT TO THE 6TH RESPONDENT
DATED 4/4/2018.
RESPONDENTS EXHIBITS
NIL
/TRUE COPY/
P.A. TO JUDGE
mks
02/08/2018
SHAJI P. CHALY, J.
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W.P.(C) No.29246 of 2016
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Dated this the 30th day of July, 2018
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
b