Kerala High Court
Peringom Stone Crusher vs The Sub Divisional Magistrate on 5 December, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
Crl.MC.No.8029 OF 2019(C)
(AGAINST THE ORDER DATED 1.11.2019 OF SUB DIVISIONAL MAGISTRATE,
THALIPARAMBA)
PETITIONER/ACCUSED:
PERINGOM STONE CRUSHER
REPRESENTED BY ITS MANAGING PARTNER, PERINGOM,
MADAKKAMPOIL, KANNUR 670 307.
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SRI.G.HARIKRISHNAN (TRIPUNITHURA)
RESPONDENTS/RESPONDENT & STATE:
1 THE SUB DIVISIONAL MAGISTRATE,
THALIPARAMBA, KANNUR 670 141.
2 THE SECRETARY,
PERINGOM VAYAKKARA GRAMA PANCHAYAT, PERINGOM, PIN -
670 307.
3 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
R1, R3 BY SRI.P.NARAYANAN, SENIOR GOVT. PLEADER
R2 BY ADV. SRI.O.V.MANIPRASAD, SC
OTHER PRESENT:
SRI C.S HRITHWIK, SENIOR P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC 8029/2019
2
ASHOK MENON, J.
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Crl.M.C.No.8029 of 2019
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Dated this the 5th day of December, 2019
O R D E R
Petitioner has approached this Court challenging the order of the Sub Divisional Magistrate under Section 133 Cr.PC dated 1.11.2019, wherein the Sub Divisional Magistrate has directed immediate stoppage of the functioning of the quarry belonging to the petitioner and a notice has also been issued to the local authorities for implementing that order, consequent to which the Panchayat authorities have issued a stop memo to the functioning of the petitioner's quarry, as a result of which, the functioning of the quarry has come to a stand still.
2. Going through Annexure-A6 impugned order of the Sub Divisional Magistrate, it is explicit that the order is not a conditional order as contemplated under Section 133 Cr.PC and under Form-20 of the Cr.PC. What the Section contemplates is to pass a conditional order Crl.MC 8029/2019 3 and after hearing the concerned parties, to pass final order. The person against whom order is addressed may be directed to obey or to show cause under Section 135 Cr.PC. Interim relief also can be granted under Section 142 Cr.PC, if it is deemed necessary. Apparently, the order passed by the Sub Divisional Magistrate in this case does not appear to be proper in accordance with the purpose of Section 133. The petitioner wants the order to be quashed. There appears to be substance in the argument.
3. Nevertheless, considering the gravity of the issue involved, which indicates that functioning of a school has been affected due to the quarrying activities in the vicinity, I am not intending to quash the proceedings altogether. However, an opportunity need to be given to the petitioner to be heard. From Annexure-A6 notice itself, it is clear that objections are to be filed and heard on 5.12.2019. The Sub Divisional Magistrate is therefore, directed to hear the petitioner in detail and also consider all the objections that are raised by him regarding the Crl.MC 8029/2019 4 distance and the violation of the Rules. It is brought to the notice of this Court that other quarries are functioning in the vicinity closer to the school than the petitioner's quarry. The learned Senior Public Prosecutor states that notices have also been given to the owners of the other quarries functioning in the vicinity alleged to be closer to the petitioner's quarry. The petitioner shall definitely be heard in detail regarding all the aspects of the violation and final order be passed in accordance with the provisions of Section 133 Cr.PC within a period of two weeks from the date of receipt of a copy of this order.
With these observations, this Criminal M.C. is disposed of.
Sd/-
ASHOK MENON JUDGE jg Crl.MC 8029/2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY TO THE PETITIONER.
ANNEXURE A2 TRUE COPY OF LICENSE ISSUED BY THE GRAMA PANCHAYAT TO THE PETITIONERS UNIT.
ANNEXURE A3 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE COMPETENT AUTHORITY.
ANNEXURE A4 TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE EXPLOSIVE DEPARTMENT TO THE PETITIONER UNIT.
ANNEXURE A5 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
ANNEXURE A6 TRUE COPY OF THE ORDER BEARING NO.
6947/2019(4) ISSUED BY THE 1ST RESPONDENT DATED 1.11.2019.
ANNEXURE A7 TRUE COPY OF THE STOP MEMO ISSUED BY THE PANCHAYAT.
ANNEXURE A8 TRUE COPY OF GOOGLE MAP SHOWING THE DISTANCE BETWEEN THE UNIT OF THE PETITIONER AND THE SCHOOL.
ANNEXURE A9 TRUE COPY OF CERTIFICATE OF FITNESS ISSUED BY THE ASST. ENGINEER, PERINGOM VAYAKKARA GRAMA PANCHAYAT DT. 25.5.2019 FOR THE PERIOD 1.6.2019 TO 31.5.2020.
ANNEXURE A10 TRUE COPY OF INFORMATION DT. 11.11.2019 OBTAINED BY THE PETITIONER UNDER THE RTI ACT. Crl.MC 8029/2019 6 ANNEXURE A11 TRUE COPY OF REPORT DATED 31.10.2019 SUBMITTED BY THE TAHSILDAR, PAYYANNUR, OBTAINED BY THE PETITIONER UNDER THE PROVISIONS OF RTI ACT.
ANNEXURE A12 TRUE COPY OF INFORMATION OBTAINED UNDER THE PROVISIONS OF THE RTI ACT, DATED 16.11.2019 FROM THE TALUK OFFICE, PAYYANNUR.
ANNEXURE-A13 TRUE COPY OF INFORMATION OBTAINED FROM THE OFFICE OF THE DEO, PAYYANNUR TO THE EFFECT THAT NO COMPLAINT HAS BEEN RECEIVED EITHER FROM THE STUDENTS OF PEDENA GOVERNMENT L.P.SCHOOL, OR FROM THE PARENT TEACHERS ASSOCIATION OR FROM THE SCHOOL AUTHORITIES, AS AGAINST THE UNIT OF THE PETITIONER DATED 15.11.2019 ANNEXURE-A14 TRUE COPY OF REPORT OF THE ASSISTANT ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT DATED 30.10.2019 TO THE EFFECT THAT THE SCHOOL WAS EXAMINED AND NO DEFECTS COULD BE FOUND OUT. RESPONDENT'S EXHIBITS ANNEXURE R1(a) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE STUDENTS STUDYING IN PEDENA GOVERNMENT L.P.SCHOOL AND THEIR PARENTS ADDRESSED TO THE DISTRICT COLLECTOR, KANNUR DATED 29.10.2019. ANNEXURE-R1(b) TRUE COPY OF THE MINUTES OF THE SUB COLLECTOR, THALIPARAMBA NO.REF: F-6947/2019 DATED 13.11.2019.