Saleem M. v. State Of Kerala - Kerala High Court, 25 March 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944 WP(C) NO.2893 OF 2022 PETITIONER :- SALEEM M., AGED 62 YEARS S/O.LATE MYTHEEN KUNJU, SALEEM QUARRY, NEDUVATHOOR, SALIM MANZIL, NEDUVATHOOR, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM. BY ADV B.MOHAN LAL RESPONDENTS :- 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 THE DIRECTOR, MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM- 695 004. 3 THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ASRAMOM P.O., KOLLAM-691 002. 4 THE TAHSILDAR, TALUK OFFICE, KOTTARAKKARA P.O., KOLLAM-691 506. 5 THE TALUK SURVEYOR, TALUK OFFICE, KOTTARAKKARA P.O., KOLLAM-691 506. 6 THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM-691 505. 7 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, CUTCHERY P.O., KOLLAM-691 013. BY SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.2893 OF 2022 -: 2 :- JUDGMENT Dated this the 25

th day of March, 2022 This writ petition is filed seeking the following reliefs :- “i). To call for the records leading to Ext.P14 from the 3rd Respondent. ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to renew the quarrying permit of the petitioner in Sy.No.241/6, 240/4-1-2 of Neduvathoor Village in the light of the directions in Ext.P18 judgment within a stipulated time as directed by this Hon'ble Court. iii) To declare that the petitioner is entitled to get renewal of quarrying permit from the 3rd respondent in Sy.No.241/6, 240/4-1-2 of Neduvathoor Village in the light of the directions in Ext.P18 judgment. iv) To declare that the legal action regarding the illegal quarrying operations mentioned in Ext.P14 is in respect of the property in Sy.No.241/12 of Neduvathoor Village will not stand in the way to renew the quarrying permit of the petitioner in respect of the property in Sy.No.241/6, 240/4-1-2 of Neduvathoor Village in the light of Ext.P18 judgment.”

Heard the learned counsel for the petitioner and the learned Government Pleader.

It is submitted by the learned counsel for the petitioner that the petitioner had Ext.P2 quarrying permit in respect of properties comprised in Neduvathoor Village, Kottarakkara Taluk, Kollam District. It is submitted that the petitioner also had an

WP(C) NO.2893 OF 2022 -: 3 :- Environmental Clearance for the period till 4.4.2021, which now stands extended till 4.4.2022 in the light of the order of the Central Government dated 18.1.2021. It is submitted that the licence of the petitioner stood suspended on account of an allegation raised with regard to excess quarrying by the petitioner. It is submitted that by Ext.P11 judgment, this Court had directed the consideration of the application to be submitted by the petitioner for renewal of quarrying permit after examining the correctness of the grounds mentioned in Ext.P9 order, if necessary, by calling for the relevant files of the 7th respondent.

It is submitted by the learned counsel for the petitioner that Ext.P14 order had been passed on 19.11.2020 pursuant to Ext.P11 judgment, directing that the request of the petitioner for renewal would be considered subject to the orders of the NGT with regard to the distance from the nearest residences. Thereafter, that portion of Ext.P14 order which makes the grant of permit conditional on the order of the NGT and the final judgment in W.P. (C) No.15309/2020 and connected cases were set aside by Ext.P18 judgment. The learned counsel for the petitioner, therefore, submits that there is no further impediment to the consideration of the petitioner's application for renewal of permit. It is submitted that the proceedings initiated with regard to the excess quarrying

WP(C) NO.2893 OF 2022 -: 4 :- are independent proceedings and that the same may not stand in the way of the consideration of the application for renewal submitted by the petitioner.

Having considered the contentions advanced and in view of the fact that Ext.P14 states only the issue of order of the NGT and the distance as standing in the way of consideration of the request for renewal of the quarrying permit of the petitioner, I am of the opinion that the request made by the petitioner is liable to be considered, in accordance with law, at the earliest. There will, accordingly, be a direction to the 3rd respondent to take up the request made by the petitioner for renewal of quarrying permit and to consider and pass orders on the same, within a period of ten days from the date of receipt of a copy of this judgment, treating the Environmental Clearance of the petitioner as valid till 4.4.2022. This writ petition is ordered accordingly. ANU SIVARAMAN

JUDGE Jvt/25.3.2022

WP(C) NO.2893 OF 2022 -: 5 :- APPENDIX OF WP(C) 2893/2022 PETITIONER EXHIBITS Exhibit P1 THEOF THE LAND TAX RECEIPT DATED 04/04/2019 IN RESPECT OF THE PROPERTY FOR THE YEAR 2019-2020 REMITTED BY THE PETITIONER TO THE 6TH RESPONDENT IN WHICH QUARRYING OPERATIONS CONDUCTED BY THE PETITIONER. Exhibit P2 THEOF THE PERMIT NO. 8/19- 20/MM/GBS/STP/1898/DOQ/S2/19 DATED 10/07/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit P3OF THE LICENSE NO. A5-1878/19/2019-20 .75 DATED 03/05/2019 ISSUED BY THE SECRETARY, NEDUVATHOOR GRAMA PANCHAYATH TO THE PETITIONER. Exhibit P4 THEOF THE GST REGISTRATION CERTIFICATE NO. 32COAPS179821ZJ DATED 27/12/2018 ISSUED BY THE OFFICER, GOODS AND SERVICE TAX TO THE PETITIONER. Exhibit P5 THEOF THE ENVIRONMENTAL CLEARANCE NO. B/DEIAA/2232/18 DATED 05/04/2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KOLLAM TO THE PETITIONER. Exhibit P6OF THE INTEGRATED CONSENT NO. PCB/KO/CTO/R4/69/2018 DATED 11/05/2018 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM TO THE PETITIONER. Exhibit P7 THEOF THE EXPLOSIVE LICENSE NO. E/SC/KL/22/1306 (E61172) DATED 23/04/2018 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM TO THE PETITIONER. Exhibit P8 THEOF THE CHELLAN RECEIPT NO.8 DATED 10/07/2019 REMITTED BY THE PETITIONER BEFORE THE DISTRICT TREASURY, KOLLAM. Exhibit P9 THEOF THE ORDER NO.1898/DOQ/S2/2019 DATED 23/09/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit P10 THEOF THE ORDER NO.2967/M4/2020 DATED 29/06/2020 ISSUED BY THE 2ND RESPONDENT.

WP(C) NO.2893 OF 2022 -: 6 :- Exhibit P11 THEOF THE JUDGMENT DATED 14/09/2020 IN WPC NO. 18829/2020 OF THIS HON'BLE COURT. Exhibit P12 THEOF THE CHELLAN DATED 07/10/2020 REMITTED BY THE PETITIONER BEFORE THE DISTRICT TREASURY, KOLLAM. Exhibit P13 THEOF THE COMMUNICATION NO. 2466/DOQ/S2/2020 DATED 19/10/2020 ISSUED BY THE 3RD RESPONDENT. Exhibit P14 THEOF THE ORDER NO.250/2020- 21/DOQ/S2/2466/2020 DATED 1911/2020 ISSUED BY THE 3RD RESPONDENT. Exhibit P15 THEOF THE MEMO DATED 19/02/2021 SUBMITTED BY THE LEARNED GOVERNMENT PLEADER ALONG WITH THE REPORT OF THE 3RD RESPONDENT DATED 15/02/2021. Exhibit P16 THEOF THE JUDGMENT IN WPC NO.24148/2021 DATED 05/11/2021 OF THIS HON'BLE COURT. Exhibit P17 THEOF THE ORDER NO. 9057/M3/2021 DATED 29/11/2021 ISSUED BY THE 2ND RESPONDENT TO THE GEOLOGIST, THIRUVANANTHAPURAM. Exhibit P18 THEOF THE JUDGMENT IN WPC NO.27780/2020 DATED 13/12/2021 OF THIS HON'BLE COURT. Exhibit P19 THEOF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20/12/2021. Exhibit P20 THEOF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17/01/2022 AND THE ORDER OF THE 2ND RESPONDENT DATED 18/01/2022. Exhibit P21 THEOF THE ORDER NO.671/2021- 22/DOQ/S2/1898/2019 DATED 21/01/2022 OF THE ISSUED BY THE 3RD RESPONDENT.