Kerala High Court
P.D.Baby vs District Collector on 14 November, 2019
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
WP(C).No.5943 OF 2013(P)
PETITIONER :-
P.D.BABY, AGED 47 YEARS, S/O.DEVASSY,
PALATTI HOUSE, MALAYATTOOR P.O.,
ERNAKULAM DISTRICT - 683 581.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS :-
1 DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
2 MALAYATTOOR NEELESWARAM GRAMA PANCHAYATH
NEELESWARAM, REPRESENTED BY ITS SECRETARY,
NEELESWARAM P.O. - 683 584.
3 SENIOR GEOLOGIST
DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION,
KAKKANAD - 682 030.
4 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHIEF ENVIRONMENT ENGINEER,
GANDHI NAGAR, ERNAKULAM - 682 020.
5 CONTROLLER OF EXPLOSIVES
KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR, CSEZ P.O.,
KAKKANAD - 682 037.
6 THE DIVISIONAL FOREST OFFICER
MALAYATTOOR FOREST DIVISION, MALAYATTOOR - 683
587.
7 ASSISTANT FOREST CONSERVATOR
NATURE STUDY CENTRE, KALADY - 683 574.
R1, R3, R6 & R7 BY SRI.SANDHESH RAJA. SPL. G.P.
R4 BY SRI. M.AJAY, SC
R5 BY SRI.P.PARAMESWARAN NAIR, ASG
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5943 OF 2013(P)
-: 2 :-
JUDGMENT
The petitioner has approached this Court, seeking the following prayers:-
"i) issue a writ of certiorari, or any other appropriate writ, direction or order, quashing Exhibit P9,
ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondent No.6 and persons acting under him to remove the obstruction caused in the road leading to the quarrying site of the petitioner which is comprised in Survey No.93/2 of Malayattoor Village forthwith,
iii) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents and persons acting under them not to cause any obstruction in the road leading to the quarrying site of the petitioner which is comprised in Survey No.93/2 of Malayattoor Village."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that the consent of the Kerala State Pollution Control Board for quarrying operations has been withdrawn and that the petitioner is no longer operating the quarry in the premises. It is contended that in the above circumstances, the rejection of the request made by WP(C).No.5943 OF 2013(P) -: 3 :- the petitioner for use of the forest road by Ext.P9, no longer applies to the facts and circumstances of the case. It is stated that the objection of the respondents with regard to the use of the road by the petitioner was that the quarrying operations and the transportation of quarry rocks from the petitioner's premises was causing degradation to the forest since, the access road was completely through the forest area. It is therefore, submitted that the objections raised in Ext.P9 are no longer relevant since, the petitioner is not using the property for quarrying operations.
4. It is submitted by the learned Special Government Pleader that it is a settled position of law that a forest road cannot be used for transporting rocks from a granite quarry, which would amount to a commercial activity, without the express permission of the Central Government in terms of the Forest (Conservation) Act, 1980. It is submitted that the petitioner has other means of access to his property and that as such, the question of use of the forest road for access also does not arise for consideration.
5. Having heard the learned Government Pleader as well as the learned counsel for the Pollution Control Board, I am of the opinion that Ext.P9 had considered the use of the petitioner of the road for ingress and egress to a quarry which was admittedly being run by him. This Court has repeatedly held that a forest WP(C).No.5943 OF 2013(P) -: 4 :- road cannot be used for such commercial purposes. The question whether the petitioner can use the forest road for ingress and egress to his property otherwise than for transporting of materials to and from the quarry does not arise for consideration in this Writ Petition.
In the above view of the matter, the challenge raised against Ext.P9 is devoid of merits and the said prayer is not liable to be granted. The contention of the petitioner with regard to the user of the road, once the quarry ceases to operate, is left open to be decided in appropriate proceedings.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/15.11.2019 WP(C).No.5943 OF 2013(P) -: 5 :- APPENDIX PETITIONER'S EXHIBITS :-
EXT.P1 TRUE COPY OF THE LICENCE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXT.P2 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE 3RD RESPONDENT, DATED 12.3.2012 TO THE PETITIONER. EXT.P3 TRUE COPY OF THE CONSENT GRANTED BY THE 4TH RESPONDENT, DATED 8.3.2010.
EXT.P4 TRUE COPY OF THE LICENCE ISSUED BY THE 5TH RESPONDENT FOR THE USE OF EXPLOSIVES, DATED 23.3.2012.
EXT.P5 TRUE COPY OF THE SKETCH PERTAINING TO THE AREA WHERE THE PETITIONER'S QUARRY OPERATES.
EXT.P5(a) TRUE COPY OF THE GOOGLE MAP SHOWING THE AREA WHERE THE PETITIONER'S QUARRY IS SITUATED. EXT.P6 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ACCESS ROAD TO THE QUARRY AREA.
EXT.P7 TRUE COPY OF THE ORDER DATED 19.12.2012 IN W.P.(C) 30171/2012 V. EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 2.2.2013 SUBMITTED BY THE PETITIONER.
EXT.P9 TRUE COPY OF THE ORDER DATED 8.2.2013 ISSUED BY THE 7TH RESPONDENT.
EXT.P10 TRUE COPY OF THE LAND RECORDS RELATING TO THE PROPERTY OWNED BY THE LANDLORD.
EXT.P11 TRUE COPY OF THE CERTIFICATE ISSUED BY THE PANCHAYAT DATED NIL.
EXT.P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25.3.2013 TO THE GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY, ERNAKULAM. EXT.P13 TRUE COPY OF THE CHALLAN SHOWING THE REMITTANCE OF Rs.200/-.
EXT.P14 TRUE COPY OF THE DEMAND DRAFT No.897042 DATED 20.9.2012 FOR Rs.19,680/-.
EXT.P15 TRUE COPY OF THE LICENCE No.42/13- 14/MM/GS/CRPS/DOE/1490/E2/13, DATED 20.5.2013 ISSUED BY THE 3RD RESPONDENT.
EXT.P16 TRUE COPY OF THE CONSENT RENEWAL ORDER No.PCB/EKM/DO-1/QR-CO-R-37/12 DATED 14.6.2013. EXT.P17 TRUE COPY OF THE ORDER No.91/2013-14, DATED 19.06.2013.
RESPONDENT'S ANNEXURES :- NIL //TRUE COPY// P.A. TO JUDGE