Kerala High Court
Babu George vs State Of Kerala Secretary on 19 January, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
WEDNESDAY, THE 29TH DAY OF JANUARY 2014/9TH MAGHA, 1935
WP(C).No. 7837 of 2007 (G)
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PETITIONER:
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BABU GEORGE,AGED 52 YEARS,S/O.LATE
GEORGE, KALLUMPURATH HOUSE, KOTTAYAM P.O
PATHANAMTHITTA
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENTS:
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1. STATE OF KERALA SECRETARY,DEPARTMENT OF
REVENUE, KERALA GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
2. DISTRICT COLLECTOR,PATHANAMTHITTA.
3. R.D.O ADOOR,PATHANAMTHITTA.
4. TAHASILDAR,KOZHENCHERRY.
5. VILLAGE OFFICER, V-KOTTAYAM,
PATHANAMTHITTA.
6. ENVIRONMENTAL ENGINNER,DISTRICT OFFICE,
KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITA
7. GEOLOGIST,PATHANAMTHITTA.
8. A.K.SADANANDAN,NEW AMBADIYIL BULGALOW,
PANNIVIZHA P.O, ADOOR (PROPREITOR J & S GRANITES
COMPANY, MUPPRAMON, V.KOTTAYAM P.O.
PATHANAMTHITTA)
WPC 7837/2007 2
R,R8 BY ADV. SRI.BECHU KURIAN THOMAS
R6 BY ADV. SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL
BOARD
R1 TO 5 BY GOVERNMENT PLEADER SRI T.R. RAJESH
R BY SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 7837/2007 3
WPC 7837 OF 2007
APPENDIX:
PETITIONER'S EXTS:
P1: A COPY OF THE REPRESENTATION DT. 3.8.2006.
P2: A COPY OIF THE REPRESENTATION DT. 19.1.2007.
P3: A COPY OF THE APPLICATION DATED 19.1.2007 BY PETITIONER TO
INFORMATION OFFICER.
P4: A COPY OF THE REPLY DT. 14.2.2007 ISSUED BY THE ASSISTANT PUBLIC
INFORMATION, PATHANAMTHITTA.
P5: A COPY OF THE REPRESENTTATION DT. 19.1.2007 SUBMITTED BY THE
PETITIONER TO THE 4TH RESPONDENT.
P6: A COPY OF THE REPRESENTATION TO THE 4TH RESPONDENT DT.
6.2.2007.
P7: COPY OF THE REPRESENTATION DT. 28.2.2007 FILED BY PETITIONER TO
RDO ADOOR.
P8: COPY OF THE ORDER DATED 8.2.2007.
P9: COPY OF THE COMMUNIATION FROM THE TAHSILDAR DATED 21.2.2007.
P10: COPY OF THE COMMUNIATION FROM THE TAHSILDAR DT. 21.2.2007.
RESPONDENTS' EXTS:
R6 (1) COPY OF THE LETLTER NO PCB/PTA/1CO/QR-3/07 DT. 17.2.2007.
R6(2) COPY OF THE CIRCULAR NO. PCB/TAC/WP/236/2006 DATED
24.2.2007.
R6(3) COPY OF THE CIRCULAR NO. PCB/TAC/WP/236/2006 DT. 13.6.2007
R6(4) COPY OF THE LETTER NO. PCB/PTA/1CO/QR-3/07 DT. 11.9.2007
R6(5) COPCY OF THE CONSENT REFUSAL ORDER N O. PCB/PTA/A/D2/2007
DT. 13.9.2007.
8TH RESPONDENT'S EXTS:
A) COPY OF THE LEASE AGREEMENT DTD. 25.7.2006.
B. COPY FO THE AGREEMENT DTD., 4.8.2003.
C) DO DO DT. 417.10.2007.
WPC 7837/2007 4
D) COPY OF THE CONSENT NUMBERED AS QCO/PTA/-09/2007 IN FILE NO.
PCB/ PTA/ ICO QR.3/2007.
E) COPY OF THE CONSENT NUMBERED AS QCO/PTA/-09/2007 IN FILE NO.
PCB/ PTA/ ICO QR.18/2007.
F) COPY OF THE CONSENT NUMBERED AS QCO/PTA/-08/2007 IN FILE NO.
PCB/ PTA/ ICO QR.19/2007.
G) COPY OF THE CONSENT NUMBERED AS QCO/PTA/-09/2007 IN FILE NO.
PCB/ PTA/ ICO QR.20/2007.
H) COPY OF THE CONSENT NUMBERED AS QCO/PTA/-09/2007 IN FILE NO.
PCB/ PTA/ ICO QR.21/2007.
I) COPY OF RENEWAL OF LICENCE UNDER FORM 22 OF THE EXPLOSIVES
RULES DT. 25.9.2006.
J) COPY OF THE SHOT FIRERS SLICENCE DTD. 22.3.2005.
K) COPY OF AN AFFIDAVIT SWORN TO BY ONE OF THE EMPL,OYEES OF
PETITIONER BY NAMESASI DATED 4.4.2007.
ks.
TRUE COPY
P.S. TO JUDGE
BABU MATHEW P. JOSEPH, J.
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W.P.(C).No. 7837 of 2007
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Dated this the 29th day of January, 2014
JUDGMENT
This writ petition has been filed for a direction to the respondents 1 to 7 to take effective steps for stopping the quarrying operations in Government puramboke and for other reliefs.
2. Heard the learned counsel appearing for the petitioner, learned Government Pleader appearing for the respondents 1 to 5 & 7, learned Standing Counsel appearing for the 6th respondent and the learned counsel appearing for the 8th respondent.
3. Learned counsel for the petitioner submits that the petitioner owned landed properties near the quarrying operations carried out by the 8th respondent. Since the quarrying operations were carried out beyond the limit WPC 7837/2007 2 allowed to the 8th respondent in the Government puramboke land, apprehending adverse consequences to the petitioner as well as others, this writ petition has been preferred. The petitioner has sold his landed properties during the pendency of this writ petition. But, the authorities concerned have not initiated action against the 8th respondent even though Exts.P8 to P10 documents show that he had carried out quarrying operations in excess.
4. Learned counsel for the 8th respondent submits that the 8threspondent was granted licence for quarrying operations after complying with all the legal requirements and the allegation that he had conducted quarrying operations beyond the limit permitted to him has no basis.
5. This writ petition has been filed as early as in 2007. The petitioner's property has already been sold. Learned counsel for the 8th respondent submits that the quarrying operations are being carried out legally based on the required licence and consent. In view of these facts, this WPC 7837/2007 3 Court does not want to go in detail into the contentions raised by the petitioner in this writ petition for moulding any relief at this distance of time. Needless to say that if any illegality had been committed by the 8th respondent in respect of his quarrying operations, the authorities concerned are free to take appropriate action. They can also consider the facts stated in the documents Exts.P8 to P10. Therefore, without prejudice to such right of the concerned authorities, this writ petition is closed.
Sd/-
BABU MATHEW P. JOSEPH JUDGE ks.
WPC 7837/2007 4