Kerala High Court
Pushparajan.T vs The Thripprangottor Grama Panchayath on 16 July, 2021
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943
WP(C) NO. 17148 OF 2020
PETITIONER:
M.P.ABDULLA, FASNAS,
KANNAVAN P.O., KANNAVAM,
KANNUR DISTRICT, PIN 670 650.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SMT.KARTHIKA MARIA
RESPONDENTS:
1 THE TRIPPANGOTTUR GRAMA PANCHAYAT,
KALLIKKANDI P.O., KALLIKKANDI,
PIN 670 693, REPRESENTED BY
ITS SECRETARY.
2 THE SECRETARY,
TRIPPANGOTTUR GRAMA PANCHAYAT,
KALLIKKANDI P.O.,
KANNUR DISTRICT, PIN 670 693.
ADDL.3 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
KANNUR, REPRESENTED BY ITS CHAIRMAN.
(IS IMPLEADED SUO MOTU AS PER ORDER DATED
29.03.2021.)
BY ADVS.
SRI.RAJESH V.NAIR
GOVERNMENT PLEADER SMT.G. RANJITA
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, ALONG WITH WP(C).10534/2021,
27773/2020 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17148/2020 & connected cases
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943
WP(C) NO. 27773 OF 2020
PETITIONER:
PUSHPARAJAN T.,
AGED 60 YEARS,
S/O.NANU, PARAYIL PARAMBATH HOUSE,
CHERUPARAMBA P.O., KANNUR-670 693.
BY ADVS.
ALEX.M.SCARIA
SMT.SARITHA THOMAS
KUM.PAVAN ROSE JOHNSON
RESPONDENTS:
1 THE THRIPPRANGOTTOR GRAMA PANCHAYATH,
KALLIKANDY P.O., 670693,
REPRESENTED BY
ITS SECRETARY.
2 THE SECRETARY,
THE THRIPPANGOTTOR GRAMA PANCHAYATH,
KALLIKANDY P.O.,670 693.
3 THE DIRECTOR OF MINING AND GEOLOGY,
DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM,
THIRUVANANTHAPURAM-695 004.
4 THE DISTRICT GEOLOGIST,
CIVIL STATION, KANNUR-670 002.
W.P.(C) No.17148/2020 & connected cases
:3:
5 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.RAJAN VISHNURAJ
GOVERNMENT PLEADER SMT.G.RANJITHA
SRI.V.HARISH VASUDEVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, ALONG WITH WP(C).17148/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.17148/2020 & connected cases
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943
WP(C) NO. 28527 OF 2020
PETITIONER:
M.K.CHANDRAN,
AGED 45 YEARS,
S/O.KUMARAN, MADAPPURA KUNIYIL HOUSE,
ELANGODE P.O., PANOOR,
KANNUR DISTRICT - 670 692.
BY ADVS.
ALEX.M.SCARIA
SMT.SARITHA THOMAS
KUM.PAVAN ROSE JOHNSON
RESPONDENTS:
1 THE THRIPPARANGOTTOR GRAMA PANCHAYATH,
KALLIKANDY P.O. - 670 693,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
THE THRIPPANGOTTOR GRAMA PANCHAYATH
KALLIKANDY P.O. - 670 693.
3 THE DIRECTOR OF MINING AND GEOLOGY,
DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM,
THIRUVANANTHAPURAM - 695 004.
4 THE DISTRICT GEOLOGIST
CIVIL STATION,
KANNUR - 670 002.
W.P.(C) No.17148/2020 & connected cases
:5:
5 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
GOVERNMENT PLEADER SMT.G.RANJITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, ALONG WITH WP(C).17148/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.17148/2020 & connected cases
:6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943
WP(C) NO. 10534 OF 2021
PETITIONER:
M.P.ABDULLA,
AGED 63 YEARS,
FASNAS, KANNAVAN P.O., KANNAVAM,
KANNUR DISTRICT, PIN-670 650.
BY ADVS.
SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.JAISY ELZA JOE
SMT.LEAH RACHEL NINAN
RESPONDENTS:
1 THE TRIPPANGOTTUR GRAMA PANCHAYAT,
KALLIKKANDI P.O., KALLIKKANDI, PIN-670693,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
TRIPPANGOTTUR GRAMA PANCHAYAT,
KALLIKKANDI P.O., KANNUR DISTRICT, PIN-670603.
BY ADV V.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, ALONG WITH WP(C).17148/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.17148/2020 & connected cases
:7:
[CR]
JUDGMENT
~~~~~~~~~ Dated this the 16th day of July, 2021 [WPC.17148/2020, 10534/2021, 28527/2020 & 27773/2020] W.P.(C) Nos.17148/2020 and 10534/2021 are filed by the same petitioner and the writ petitions relate to the same legal issue. W.P.(C) No.27773/2020 and W.P.(C) No.28527/2020 are filed by two others, in similar circumstances. In WP(C) No.17148/2020, the petitioner seeks to quash Ext.P9 order rejecting his application for D&O Licence and seeks to declare that he is entitled to the licence in view of Exts.P1 to P6. Pending WP(C) No.17148/2020, the Grama Panchayat issued a communication dated 19.04.2021 informing that the Panchayat has taken a policy decision not to grant D&O Licence for new quarries. The W.P.(C) No.17148/2020 & connected cases :8: said order, Ext.P10, is under challenge in WP(C) No.10534/2021.
2. In W.P.(C) No.27773/2020, the petitioner seeks to quash Ext.P8 and to declare that the action of the 1 st respondent in not processing the application covered by Ext.P6 is highly unjust and illegal. W.P.(C) No.28527/2020 has been filed seeking to quash Ext.P8 therein by holding that the general decision to ban future quarries as per Ext.P5 due to the existence of other quarries, is unconstitutional after calling for the records leading thereto. The petitioner also seeks to declare that he has secured valid Deemed D&O Licence from 15.01.2019 for running the quarry.
3. The disputes in all the four writ petitions arise consequent to a decision taken by the Triprangottoor Grama Panchayat following the resolutions of Grama Sabhas, not to grant D&O Licence to new quarries, citing environmental concerns. The respondents and documents are referred to in this judgment as they are arrayed/marked in WP(C) No.17148/2020.
W.P.(C) No.17148/2020 & connected cases :9:
4. The petitioner in W.P.(C) No.17148/2020 is the Managing Partner of M/s.Maria Construction Needs, Vazhamala. The petitioner sought Environmental Clearance (EC) for a quarry to be started, in Survey Nos.275/1A, 274/2 in Thrippangottoor Village of Thalassery Taluk. The petitioner was granted Ext.P1 Environmental Clearance Certificate. The Pollution Control Board issued Ext.P2 Consent to Operate.
5. By Ext.P3, the Deputy Chief Controller granted Ext.P3 approval for Explosives Magazine. Ext.P4 communication of the Geologist stated that the petitioner can be granted Quarrying Lease on production of D&O Licence. The Mining Plan of the petitioner was approved as per Ext.P5 of the Geologist, under Rule 62 of the Kerala Minor Mineral Concession Rules, 1967. The nearby land owners granted Ext.P6 consent.
6. However, the 2nd respondent-Secretary to Grama Panchayat rejected petitioner's application for D&O Licence, as per Ext.P7. By Ext.P8 judgment in WP(C) No.1415/2019, W.P.(C) No.17148/2020 & connected cases : 10 : this Court set aside Ext.P7 order and directed to reconsider the application for D&O Licence. The Secretary, however, rejected the application again, as per Ext.P9, for the following reasons:
(i) Environmental Clearance Certificate has to be obtained from State Authority.
(ii) The proposed quarrying area being landslide prone, prior permission of District Disaster Management Authority is required.
(iii) Explosives Licence not produced.
(iv) There were instances of landslide in the area and ST families had to be accommodated in Shelters for long duration.(v) The Special Grama Sabhas of Ward Nos.2, 3
and 4 have unanimously resolved not to permit new quarries in the area.
(vi) The District Collector has requested NCESS to give a report on the impact of quarries on ecology and till a report is received, it would be inappropriate to issue new quarry licences.
7. The petitioner submitted application invoking the Right to Information Act, 2005 seeking reports relied on by W.P.(C) No.17148/2020 & connected cases : 11 : respondents 1 and 2 in rejecting the petitioner's application. The respondents have not divulged any information to the petitioner. On 19.04.2021, the 2 nd respondent issued Ext.P10 order (in WPC No.10534/2021) rejecting the petitioner's application holding that the Panchayat Committee has considered the application of the petitioner and decided to reject the same. The petitioner challenges Ext.P10 order in WP(C) No.10534/2021. The applications for D&O Licence submitted by the petitioners in W.P.(C) Nos.27773/2020 and 28527/2020 were also not entertained citing same reasons.
8. Respondents 1 and 2, the Panchayat and the Secretary, contested the writ petitions filing counter affidavit. The respondents submitted that the quarry is proposed in a densely populated area and would cause much nuisance in the locality. The Disaster Management Authority has categorised the area as landslide prone. The petitioner has to obtain prior clearance from the District Crisis Management Committee. As per the GSI report, heavy landslide has W.P.(C) No.17148/2020 & connected cases : 12 : occurred in this area in the year 2019. There are 28 complaints pending in this regard. In Ext.R2(c) G.O., the Government has stated that it is the duty of the Grama Panchayat to ensure that projects have the clearance under relevant environmental statutes.
9. The DIEAA, Kannur has proceeded to issue Ext.P1 Environmental Clearance Certificate ignoring the environmental issues faced by the local residents. The NGT has held that DEIAA and DEAC are not competent to appraise projects. There are several other quarries in the area and those should be taken into account as a cluster, while appraising the project, contended the respondents. The Special Grama Sabhas of Ward Nos.2, 3 and 4 have decided that further quarrying permits should not be issued. The Panchayat has already requested the District Collector to obtain a report from the National Centre for Earth Science Studies (NCESS). The petitioner has not submitted Explosives Licence along with his application, contended the respondents.
W.P.(C) No.17148/2020 & connected cases : 13 :
10. Heard the learned counsel for the petitioners, the learned counsel representing the Grama Panchayat and the learned Government Pleader representing the additional 3 rd respondent-District Disaster Management Authority in WP(C) No.17148/2020.
11. The petitioner in W.P.(C) No.17148/2020, as can be seen from Exts.P1 to P6, has obtained requisite licences/permits/consents from statutory authorities to start quarrying operations in the land in question. Respondents 1 and 2, however, declined to issue D&O licence to the petitioner. One of the grounds on which the licence has been declined, is that the petitioner has to obtain EC from the State Authority. Ext.P1 EC has been issued on 24.03.2018 by the District Environment Impact Assessment Authority, Kannur. The argument is that since there are other quarries already functioning, the combined area of which is more than five hectares, EC issued by the SEIAA is required. It may be noted in this regard that the authority of DEIAA to issue EC on the date of issuance of Ext.P1 is not W.P.(C) No.17148/2020 & connected cases : 14 : disputed. Ext.P1 EC has not been subjected to challenge even by the Grama Panchayat Authorities. Therefore, respondents 1 and 2 cannot reject the application for D&O Licence submitted by the petitioner on that ground.
12. Respondents 1 and 2 stressed that the area where the quarry is to be established is a landslide prone area as declared by the Disaster Management Authority, that the Panchayat has required the District Collector to obtain a report from the NCESS as to the desirability or otherwise of starting new quarrying operations in the area and hence licence cannot be issued till such report is received. This Court on 29.03.2021, suo moto impleaded the District Disaster Management Authority, Kannur as additional 3 rd respondent. The Government Pleader filed a Memo dated 02.07.2021 containing specific remarks of the District Disaster Management Authority. The relevant part of the remarks read as follows:
"The Hazard susceptibility area in Kerala (HSAK 2014) was prepared by Kerala State Disaster Management Authority. In HSAK 2014, the Hazard W.P.(C) No.17148/2020 & connected cases : 15 : susceptibility area marked as local name of places and no Physical demarcation has to be done to identify the area in field. In the above circumstances, it is a difficult task to find out whether the quarry belongs to the high hazard landslides - prone area. The Kerala State Disaster Management Authority also prepared a landslide zonation satellite map for the demarcation of high hazard landslides prone area. Hence a detailed satellite mapping study by using the geo co ordinates with the help of technical experts is required to find out whether the quarry is on the list of high hazard landslides prone area."
The said remarks are of scant help in deciding the issue. The Recognised Qualified Person (RQP) has submitted a more specific report, which is produced as Ext.P19.
13. The report of the RQP on the Hazard Zone Study of the quarrying lease site categorically states that after studying in detail by superimposing the project area coordinates with the zone classification map published in the Disaster Management Website, it is clear that the project area does not fall within the Red Zone and the same is 140.17 metres away from the project boundary and hence, it is not in the High Hazard Zone. In view of the said report, the contention of the Panchayat based on the possibility of landslides hazard cannot be sustained. As regards W.P.(C) No.17148/2020 & connected cases : 16 : Explosives Licence, the petitioner has produced Ext.P3 Form DE-2 Licence issued by the Deputy Controller of Explosives.
14. The further argument is that the Special Grama Sabhas of Ward Nos.2, 3 and 4 have decided unanimously not to permit new quarries. The question then will be whether a Grama Panchayat can refuse statutory licence to a citizen based on majority opinion/decision of Grama Sabhas and to what extent a Grama Panchayat is bound by the decisions of Grama Sabhas. The Grama Sabhas are constituted and governed by the provisions of Chapter II of the Kerala Panchayat Raj Act, 1994. Section 3 of the Act,1994 provides that all persons whose names appear in the electoral rolls relating to a village comprised within the area of a Village Panchayat shall be deemed to be constituted as Grama Sabha of such Village. The Member of the Village Panchayat representing the constituency shall be the Convenor of that Grama Sabha.
15. The powers, functions and the rights of Grama Sabha are laid down in Section 3A(1) which reads as follows:
W.P.(C) No.17148/2020 & connected cases : 17 : "3A. Powers, functions and rights of the Grama Sabha - (1) Grama Sabha shall, in such manner and subject to such procedure, as may be prescribed, perform the following powers and functions, namely: -
(a) to render assistance in the collection and compilation of details required to formulate development plans of the Panchayat;
(b) to formulate the proposals and fixing of priority of schemes and development programmes to be implemented in the area of Village Panchayat;
(c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries in the order of priority relating to the beneficiary oriented schemes on the basic of the criteria fixed;
(d) to render assistance to implement effectively the development schemes by providing facilities locally required;
(e) to provide and mobilise voluntary service and contribution in cash or in kind necessary for the development plans;
(f) suggesting the location of street lights, street or community water taps, public wells, public sanitation units, irrigation facilities and such other public utility schemes;
(g) to formulate schemes to impart awareness on matters of public interest like cleanliness, environmental protection, pollution control and to give protection against social evils like corruption, illicit and clandestine transactions;
(h) to promote harmony and unity among various groups of people within the area of the Grama Sabha and to organise arts and sports festivals to develop goodwill among the people of that locality;
(i) to monitor and render assistance to the beneficiary communities engaged in the developmental activities within the area of the Village Panchayat.
(j) to verify the eligibility of persons getting various kinds of welfare assistance from the Government such W.P.(C) No.17148/2020 & connected cases : 18 : as pensions and subsidies;
(k) to collect information regarding the detailed estimates of works proposed to be implemented in the area of the Grama Sabha;
(l) to make available details regarding the services to the rendered and the activities proposed to be done by the concerned officials in the succeeding three months;
(m)to know the rationale behind every decision taken by the Panchayat regarding the area of the Grama Sabha;
(n) to know the follow up action taken on the decisions of the Grama Sabha and the detailed reasons for not implementing any of the decisions;
(o) to co-operate with the employees of the village panchayats in the sanitation processes and rendering voluntary service for the removal of garbage;
(p) to find out the deficiencies in the arrangements for water supply, street lighting etc. within the area of the Grama Sabha and to suggest remedial measures;
(q) to assist the activities of parent-teacher associations of the schools within the area of the Grama Sabha;
(r) to assist the public health activities especially prevention of diseases and family welfare, within the area of the Grama Sabha.
(s) to perform such other functions as may be prescribed from time to time. "
16. Reading of Sections 3 and 3A would indicate that primarily the Grama Sabhas are constituted to render assistance and prioritise the schemes and development programs of the Panchayat. Promotion of harmony and unity W.P.(C) No.17148/2020 & connected cases : 19 : among various groups of people, organising arts and sports festivals etc. are also the functions of the Grama Sabha. Sub-sections (m) and (n) of Section 3A give right to Grama Sabhas to know the rationale behind every decision taken by the Panchayat regarding the area of the Grama Sabha and also to know the follow up actions taken by the decisions of the Grama Sabha and the detailed reasons for not implementing any of the decisions.
17. Though Sections 3, 3A and 3B of the Kerala Panchayat Raj Act, 1994 give wide powers to Grama Sabhas on matters relating to formulation, prioritisation and implementation of general schemes, beneficiary schemes and developmental programs, the Act, 1994 does not empower the Grama Sabhas to interfere with or dabble in the statutory exercise of various powers exercisable by the Panchayat and its functionaries. Any decision by the Grama Sabhas, therefore, cannot affect the powers and functions of the licensing authorities under the Panchayat Raj Act, 1994 including the power to issue a licence under Section 233. If W.P.(C) No.17148/2020 & connected cases : 20 : Grama Panchayat or Secretary decides not to consider or process or to issue D&O Licence in exercise of the powers under Section 233 of the Kerala Panchayat Raj Act, 1994 on the basis of resolutions passed or decision taken by Grama Sabhas, it would amount to abdication of power which is impermissible in law.
18. The orders of respondents 1 and 2 impugned in the writ petitions are therefore liable to be set aside. Ext.P9 in W.P.(C) No.17148/2020, Ext.P10 in W.P.(C) No.10534/2021 and Ext.P8 in W.P.(C) Nos.27773/2020 and 28527/2020 are therefore quashed. The respondents are directed to issue D&O Licence to the petitioners, if the petitioners are otherwise eligible, within a period of four weeks. It is made clear that issuance of licence to the petitioners would be subject to any satellite mapping study that may be conducted by the District Disaster Management Authority and the petitioners shall permit the authorities to conduct such study in the quarrying area, if warranted, without any objection.
W.P.(C) No.17148/2020 & connected cases : 21 : Writ petitions are disposed of as above. All other issues urged by the petitioners are left open.
Sd/-
N. NAGARESH, JUDGE aks/09.08.2021 W.P.(C) No.17148/2020 & connected cases : 22 : APPENDIX OF WP(C) 17148/2020 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE ON 24-03-2018 VIDE NO.
84/2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA) KANNUR EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY PROJECT ON 9-7-2018 VALID UPTO 31-3-2023 ISSUED BY THE POLLUTION CONTROL BOARD EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18-12-2018 OF THE DEPUTY CONTROLLER OF EXPLOSIVES EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 16- 1-2017 OF THE GEOLOGIST EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 22- 1-2018 EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER OF THE LAND OWNERS DATED 29-03-2017 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 1-10-2018 OF THE RESPONDENT.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 30-08-2019 IN W.P(C) NO. 1415/2019 EXHIBIT P9 TRUE COPY OF ORDER NO. A3/3847/19 DATED 26-10-2019.
EXHIBIT P10 TRUE COPY OF THE APPLICATION FILED ON 7- 12-2019 UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P11 TRUE COPY OF THE APPEAL FILED ON 27-02- 2020 APPEAL BEAFORE THE DEPUTY DIRECTOR OF PANCHAYAT, KANNUR ON 27-02-2020 EXHIBIT P12 TRUE COPY OF THE ORDER DATED 15-04-2020 OF THE DEPUTY DIRECTOR OF PANCHAYAT W.P.(C) No.17148/2020 & connected cases : 23 : APPENDIX OF WP(C) 27773/2020 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 15/12/2017 BEARING NO.DOC/M-2853/2017 FROM THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE SAID ENVIRONMENTAL CLEARANCE BEARING NO.8/2018 DATED 23/02/2018 EXHIBIT P3 TRUE COPY OF THE EXPLOSIVE LICENCE E/SE/KL/22/260(E 107285)DATED 13/11/2018 EXHIBIT P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CNOTROL BOARD BEARING NO.PCB/KNR/ICO/OC/594/2018 DATED 24/04/2018.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 31/05/2018 BEARING NO.B4 195/18 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE RECEIPT OF APPLICATION FOR D& O LICENSE BEARING INWARD NO.4607 OF 2019 DATED 19/11/2019 EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THE FULL BENCH IN TOMY TOMAS V.STATE OF KERALA (2019 (3)KLT 987) EXHIBIT P8 TRUE COPY OF THE LETTER DATED 03/12/2019 COMMUNICATING THE REFUSAL OF APPLICATION COVERED UNDER EXHIBIT P6 EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 02/11/2020 IN W.P(C)NO.35742/2019 EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 04/11/2020 IN W.P(C)NO.35742/2019. EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO.35742 OF 2019 DATED 21/12/2020.
EXHIBIT P12 TRUE COPY OF THE PANCHAYATH LICENCE ISSUED TO SRI.VICHITHRAN T.P. BEARING NO.206/2020-2021/A-3/B3-4236/20 DATED 31/12/2020 W.P.(C) No.17148/2020 & connected cases : 24 : EXHIBIT P13 TRUE COPY OF THE PANCHAYATH LICENCE ISSUED TO SRI.SREEDHARAN U.P. BEARING NO.197/2020-2021/A-3/A3-3950/20 DATED 18/12/2020 EXHIBIT P14 TRUE COPY OF THE LANDSLIDES INVENTORY DATABASE PREPARED BY THE DISASTER MANAGEMENT AUTHORITY IN RESPECT OF KASARGOD AND KANNUR DISTRICTS EXHIBIT P15 THE PRINT OUT OF THE GOOGLE EARTH MAP SHOWING THE LOCATION (BASED ON GEO CO- ORDINATES) OF THE PROPOSED QUARRY OF THE PETITIONER.
W.P.(C) No.17148/2020 & connected cases : 25 : APPENDIX OF WP(C) 28527/2020 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 08/11/2017 BEARING NO.8703/M3/2017 FROM THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE SAID ENVIRONMENTAL CLEARANCE BEARING NO.78/2018 DATED 24/03/2018.
EXHIBIT P3 TRUE COPY OF THE EXPLOSIVE LICENCE E/SK/KL/22/257(E110935) DATED 30/10/2019.
EXHIBIT P4 TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD BEARING
NO.PCB/KNR/ICO/224/2018 DATED 05/04/2018. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 15/07/2018 BEARING NO.B4 1679/18 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT OF APPLICATION FOR D&O LICENSE BEARING INWARD NO.4550 OF 2019 DATED 15/11/2019.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THE FULL BENCH IN TOMY THOMAS V. STATE OF KERALA (2019(3) KLT 987).
EXHIBIT P8 TRUE COPY OF THE LETTER BEARING NO.A2- 4550/19 DATED 03/12/2019 COMMUNICATING THE REFUSAL OF APPLICATION COVERED UNDER EXHIBIT P6.
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 02/11/2020 IN WP(C) NO.35742/2019.
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 04/11/2020 IN WP(C) NO.35742/2019.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO-35742 OF 2019 DATED 21.12.2020 EXHIBIT P12 TRUE COPY OF THE PANCHAYATH LICENCE ISSUED OT SRI.VICHITHRAN T.P. BEARING NO.206/2020-2021/A3/B3 4236/20 DATED 31.12.2020 W.P.(C) No.17148/2020 & connected cases : 26 : EXHIBIT P13 TRUE COPY OF THE PANCHAYATH LICENCE ISSUED OT SRI.SREEDHARAN U.P. BEARING NO.
197/2020-2021/A3/A3-3950/20 DATED
18.12.2020
EXHIBIT P14 TRUE COPY OF THE LANDSLIDES INVENTORY
DATABASE PREPARED BY THE DISASTER
MANAGEMENT AUTHORITY IN RESPECT OF
KASARGOD AND KANNUR DISTRICTS
EXHIBIT P15 THE PRINT OUT OF THE GOOGLE EARTH MAP
SHOWING THE LOCATION (BASED ON GEO CO- ORDINATES) OF THE PROPOSED QUARRY OF THE PETITIONER.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE LIST OF VILLAGES FACING HAZARD SUSCEPTIBILITY IN THE STATE OF KERALA PREPARED AND PUBLISHED BY TEH SDMA, KERALA.
EXHIBIT R2(B) A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE REPORT ON LANDSLIDES SUSCEPTIBILITY IN KANNUR AND WAYANAD DISTRICT BY THE GEOLOGICAL SURVEY OF INDIA EXHIBIT R2(C) A TRUE PHOTOCOPY OF THE GO(MS) No.04/2014 DATED 19.03.2014 W.P.(C) No.17148/2020 & connected cases : 27 : APPENDIX OF WP(C) 10534/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED TO THE PETITIONER BY THE DIRECTOR OF MINING AND GEOLOGY ON 16.1.2017. EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER DATED 29.3.2017 ISSUED BY THE LAND OWNERS TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 22.1.2018 ISSUED BY THE DISTRICT GEOLOGIST TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.84/2018.
EXHIBIT P5 TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY DATED 9.7.2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 1.10.2018 ISSUED BY THE PANCHAYATH.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 30.8.2019 IN WP(C) 1415/2019.
EXHIBIT P8 TRUE COPY OF THE EXPLOSIVE LICENSE GRANTED TO THE PETITIONER ON 16.9.2020. EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR TRADE LICENSE SUBMITTED BY THE PETITIONER ON 27.3.2021 BEFORE THE RESPONDENT PANCHAYAT THROUGH K-SWIFT.
EXHIBIT P10 TRUE COPY OF THE REJECTION ORDER DATED 19.4.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 2.11.2020 IN WP(C) NO.35742/2019 OF THIS HON'BLE COURT.
EXHIBIT P12 TRUE COPY OF THE SAID TRADE LICENCE DATED 27.11.2020 ISSUED IN FAVOUR OF U.P.SREEDHARAN.
EXHIBIT P13 TRUE COPY OF THE SAID TRADE LICENCE
DATED 18.12.2020 ISSUED TO SRI.
U.P.SREEDHARAN BY THE RESPONDENT
PANCHAYAT.
W.P.(C) No.17148/2020 & connected cases : 28 : EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 8.4.2021 IN WP(C) NO.1060/2021 AND CONNECTED CASE OF THIS HON'BLE COURT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE LIST OF VILLAGES FACING HAZARD SUSCEPTIBILITY IN THE STATE OF KERALA PREPARED AND PUBLISHED BY THE SDMA, KERALA EXHIBIT R2(B) A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE REPORT ON LANDSLIDE SUSCEPTIBILITY IN KANNUR AND WAYANAD DISTRICT BY THE GEOLOGICAL SURVEY OF INDIA EXHIBIT R2(C) A TRUE PHOTOCOPY OF THE GO(Ms)No.04/2014 DATED 19.03.2014 SR