Kerala High Court
Unknown vs By Advs.Sri.Bechu Kurian Thomas (Sr.)
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940
WP(C).No. 11319 of 2017
PETITIONER(S)
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VSC HOLLOW BLOCKS AND CRUSHER DIVISION,
NEMOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING PARTNER, V.SUDHAKARAN.
BY ADVS.SRI.BECHU KURIAN THOMAS (SR.)
SRI.ENOCH DAVID SIMON JOEL
SRI.LEO LUKOSE
RESPONDENT(S):
1. PALLICHAL GRAMA PANCHAYAT,
VEDIVACHANKOVIL P.O., BALARAMAPURAM,
THIRUVANANTHAPURAM-695501, REPRESENTED BY ITS SECRETARY.
2. SECRETARY,
PALLICHAL GRAMA PANCHAYAT, VEDIVACHANKOVIL P.O.,
BALARAMAPURAM, THIRUVANANTHAPURAM-695501.
R1 & R2 BY ADV. SRI.G.P.SHINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11319 of 2017 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 - A TRUE COPY OF THE QUARRYING LEASE DATED
19/03/2010 VALID TILL 18/03/2022.
EXHIBIT P1(A) - A TRUE COPY OF THE QUARRYING LEASE DATED
18/05/2007 VALID TILL 17/05/2017.
EXHIBIT P1(B) - A TRUE COPY OF THE CONSENT ISSUED BY THE
POLLUTION CONTROL BOARD TO FOR CONDUCTING
QUARRYING OPERATIONS VALID TILL 12/05/2017.
EXHIBIT P1(C) - A TRUE COPY OF THE CONSENT ISSUED BY THE
POLLUTION CONTROL BOARD TO FOR OPERATING THE
CRUSHER UNIT VALID TILL 31/03/2018.
EXHIBIT P2 - TRUE COPY OF THE INTERIM ORDER DTD.19/04/2016 IN
W.P(C)15003/2016 ON THE FILES OF THIS HON'BLE
COURT.
EXHIBIT P2(A) - TRUE COPY OF THE INTERIM ORDER DTD.10/08/2016 IN
W.P(C)15003/2016 ON THE FILES OF THIS HON'BLE
COURT.
EXHIBIT P3 - TRUE COPY OF THE APPLICATION DTD.21/02/2017
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT FOR RENEWAL OF THE LICENSE FOR
OPERATING THE QUARRY.
EXHIBIT P4 - TRUE COPY OF THE APPLICATION DTD.21/02/2017
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT FOR RENEWAL OF THE LICENSE FOR
OPERATING THE CRUSHER UNIT.
EXHIBIT P4(A) - TRUE COPY OF THE RECEIPTS DTD.21/02/2017 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P5 - A TRUE COPY OF THE LETTER PRE-DATED AS 14/03/2017
NUMBERED AS NO.E-2015/17 AND RECEIVED ON
27/03/2017 ISSUED BY THE 2ND RESPONDENT RELATING
TO THE RENEWAL APPLICATION FOR THE QUARRY.
EXHIBIT P5(A) - A TRUE COPY OF THE LETTER PRE-DATED AS 14/03/2017
NUMBERED AS NO.E-2016/17 AND RECEIVED ON
27/03/2017 ISSUED BY THE 2ND RESPONDENT RELATING
TO THE RENEWAL APPLICATION FOR THE CRUSHER
UNIT.
EXHIBIT P5(B) - A TRUE COPY OF THE POSTAL COVERS ENCLOSING
EXT.P5 AND P5(A).
WP(C).No. 11319 of 2017 (L)
RESPONDENT(S)' EXHIBITS
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EXHIBIT R2(A) : A TRUE COPY OF THE FILE NOTES PERTAINING TO EXHIBIT
P3 APPLICATION.
EXHIBIT R2(B) : A TRUE COPY OF THE LETTER DATED 14.03.2017 ISSUED
BY THE 2ND RESPONDENT TO THE ADDITIONAL PRINCIPAL
CHIEF CONSERVATOR (PROTECTION), FOREST
HEADQUARTERS.
EXHIBIT R2(C) : A TRUE COPY OF THE LETTER DATED 14.03.2017 ISSUED
BY THE 2ND RESPONDENT TO THE VILLAGE OFFICER,
PALLICHAL PANCHAYAT.
EXHIBIT R2(D) : A TRUE COPY OF LETTER DATED 14.03.2017 ISSUED BY
THE 2ND RESPONDENT TO THE DISTRICT OFFICER, MINING
AND GEOLOGY.
EXHIBIT R2(E) : A TRUE COPY OF LETTER DATED 14.03.2.017 ISSUED BY
THE 2ND RESPONDENT TO THE MEMBER SECRETARY, KERALA
STATE POLLUTION CONTROL BOARD.
EXHIBIT R2(F) : A TRUE COPY OF LETTER DATED 14.03.2017 ISSUED BY
THE 2ND RESPONDENT TO THE ASSISTANT DIVISIONAL
OFFICER, FIRE AND RESCUE SERVICE.
EXHIBIT R2(G) : A TRUE COPY OF LETTER DATED 14.03.2017 ISSUED BY
THE 2ND RESPONDENT TO THE DIRECTORATE OF
ENVIRONMENT AND CLIMATE CHANGE
//TRUE COPY//
PA TO JUDGE
SPV
SHAJI P. CHALY, J.
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W.P.(C) No.11319 of 2017
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Dated this the 26th day of June , 2018
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
b