Kerala High Court
WP(C)/31463/2024 of AUGUSTINE THOMAS, Vs THE STATE OF KERALA, on 10 April 2025
WP(C) NOS. 31463 & 46375 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 31463 OF 2024 PETITIONER: AUGUSTINE THOMAS, AGED 72 YEARS S/O. THOMAS, KURIATH HOUSE, ANTHINADU
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 31463 OF 2024
PETITIONER:
AUGUSTINE THOMAS,
AGED 72 YEARS
S/O. THOMAS, KURIATH HOUSE, ANTHINADU P.O., PALA, KOTTAYAM DISTRICT, PIN - 686651
BY ADV GEORGEKUTTY MATHEW
RESPONDENTS:
THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
THE STATE ENVIRONMENTAL IMPACT ASSESSMENT
AUTHORITY (SEIAA),
KERALA REPRESENTED BY ITS MEMBER SECRETARY, 4TH
FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMBANUR
P.O., THIRUVANANTHAPURAM, PIN - 695001
THE DEPUTY DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING & GEOLOGY, KESAVADASAPURAM
P.O., THIRUVANANTHAPURAM, PIN - 695004
THE IDUKKI DISTRICT DISASTER MANAGEMENT
AUTHORITY,
REPRESENTED BY ITS CHAIRMAN AND DISTRICT
COLLECTOR, COLLECTORATE, PAINAVU P.O., IDUKKI
DISTRICT, PIN - 685603
THE DISTRICT GEOLOGIST,
OFFICE OF MINING & GEOLOGY, THODUPUZHA P.O., IDUKKI DISTRICT, PIN - 685581
THE DYSP OF POLICE VIGILANCE AND ANTI CORRUPTION
BUREAU,IDDUKI UNIT, THODUPUZHA, MUTTOM P.O.,, PIN
- 685587
SABU KURIAKOSE,
S/O. KURIAKOSE, OLIKUNNEL HOUSE, MEMDANGU P.O., ARAKUZHA, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686672
JAISON SIMON,
THAZHATHETTU HOUSE, KARIMKUNNAM P.O., IDUKKI
DISTRICT,, PIN - 685586
CHINNAMMA SAIJAN,
THAZHATHETTU HOUSE, KARIMKUNNAM P.O., IDUKKI
DISTRICT, PIN - 685586
BY ADVS.
JAMES ABRAHAM
AMMU ASHOKAN
SMT. DEVISHREE, GP,
SRI.M.P.SREEKRISHNAN, SC, STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY (SEIAA) AND THE STATE
EXPERT APPRAISAL COMMITTEE (SEAC)
SRI.T.NAVEEN, KERALA STATE POLLUTION CONTROL
BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.04.2025, ALONG WITH WP(C).46375/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 46375 OF 2024
PETITIONER:
MINI VARGHESE
AGED 47 YEARS
W/O. SIMI SEBASTIAN, ΚΑΙΡΡΑΝANICKAL HOUSE, THODUPUZHA, IDUKKI DISTRICT, NOW RESIDING AT
ADUKKATHIL HOUSE, PALLIKUTH P.O., CHALIKKAPOTTY, NILAMBUR, MALAPURAM, DISTRICT, PIN - 679334
BY ADV ABRAHAM THOMAS (PUTHURAN)
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARYTO
GOVERNMENT, DIRECTORATE OF ENVIRONMENT AND
CLIMATE CHANGE, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM., PIN - 695001
THE DIRECTOR
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695044
THE DISTRICT GEOLOGIST IDUKKI
DISTRICT OFFICE MINING AND GEOLOGY IDUKKI, MINI
CIVIL STATION THODUPUZHA, IDUKKI DISTRICT,, PIN –
685584
THE DISTRICT COLLECTOR IDUKKI
COLLECTORATE IDUKKI, KUYILIMALA, PAINAV P.O., IDUKKI DISTRICT, PIN - 685603
REVENUE DIVISIONAL OFFICER IDUKKI
REVENUE DIVISIONAL OFFICE, IDUKKI TOWNSHIP, IDUKKI DISTRICT, PIN - 685603
THE TAHSILDAR
THODUPUZHA TALUK, TALUK OFFICE, THODUPUZHA- MUVATTUPUZHA ROAD, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584
KARIMKUNNAM GRAMA PANCHAYAT
KARIMKUNNAM.IDUKKI DISTRICT, REPRESENTED BY ITS
SECRETARY,, PIN - 685586
SECRETARY,
KARIMKUNNAM GRAMA PANCHAYAT, KARIMKUNNAM, IDUKKI
DISTRICT, PIN - 685586
THE KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT
AUTHORITY
REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR, KSRTC BUS
TERMINAL COMPLEX, THAMPANOOR THIRUVANANTHAPURAM, PIN - 695001
THE KERALA STATE POLLUTION CONTROL BOARD
IDUKKI DISTRICT OFFICE, REPRESENTED BY IT'S
ENVIRONMENTAL ENGINEER, ESSAREN BUILDING, AANAKOODU JUNCTION ROAD, THRIKKARIYOOR, IDUKKI
DISTRICT, PIN - 685584
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
ERNAKULAM, KENDRIYA BHAVAN, BLOCK C-2, THIRD
FLOOR, SPECIAL ECONOMIC ZONE, KAKKANAD, ERNAKULAM
DISTRICT, PIN - 682037
SABU KURIAKOSE
KOLIKUNNEL HOUSE, ARIKKUZHA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT,, PIN – 685608
BY ADVS.
S.SANAL KUMAR (SR.)
JAMES ABRAHAM
AMMU ASHOKAN
SMT. DEVISHREE, GP,
SRI.M.P.SREEKRISHNAN, SC, STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY (SEIAA) AND THE STATE
EXPERT APPRAISAL COMMITTEE (SEAC)
SRI.T.NAVEEN, KERALA STATE POLLUTION CONTROL
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.04.2025, ALONG WITH WP(C).31463/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
-------------------------------------------- W.P(C). No. 31463 and 46375 of 2024
-------------------------------------------- Dated this the 10th day of April, 2025
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JUDGMENT
When these cases are taken up it is submitted that the quarrying permit in favour of the 7th respondent in W.P.(C)No.31463 of 2024 has already expired and the renewal of the permit is not being considered due to the pendency of these writ petitions. In the above circumstances, these writ petitions are closed without prejudice to the rights of any of the parties. The respondent- State shall consider and dispose of the renewal application if any such request is received. While considering the application, the respondent-State shall hear the petitioners as well as the 7th respondent in W.P.(C) No.31463 of 2024 and if any further enquiries or inspections are to be conducted, the same shall also be in the presence of all the parties in these writ petitions.
Orders shall be issued thereafter. The petitioners are free to submit any further representations to the State on the question of renewal. Sd/-
T.R.RAVI JUDGE LEK
APPENDIX OF WP(C) 31463/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPTS BEARING NO. KL06040803345/2022 DATED 01-08-2022 ISSUED BY THE VILLAGE OFFICER KARIMKUNNAM WITH REGARD TO THE LAND OWNED BY PETITIONER Exhibit P2 THE TRUE COPIES OF THE LAND TAX RECEIPTS BEARING NO. KL06040803346/2022 DATED 01-08-2022 ISSUED BY THE VILLAGE OFFICER KARIMKUNNAM WITH REGARD TO THE LAND OWNED BY THE SON OF THE PETITIONER NAMELY JIJO AUGUSTINE Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION BEARING NO. 13 IN THE MEETING OF SEAC HELD ON 07TH TO O9TH DECEMBER 2022 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD EXHIBIT P9 TRUE PHOTOGRAPH (NO.1) TAKEN ON 23.06.2024 OF THE SURFACE SOIL DANGEROUSLY STORED NEAR TO THE LAND OF THE PETITIONER EXHIBIT P10 THE SURFACE SOIL IS STILL KEPT IN THE SAME SITE. TRUE PHOTOGRAPH (NO.1) OF THE SAME SITE TAKEN ON 24.03.2025 EXHIBIT P11 TRUE PHOTOGRAPH (NO.I) SHOWING OF THE CUTTING FACE OF THE QUARRY TAKEN ON 08.04.2025 EXHIBIT P12 TRUE PHOTOGRAPH (NO.1 ) OF THE ABANDONED ELECTRICAL WIRING USED FOR ELECTRICAL BLASTING FOUND IN THE QUARRY EXHIBIT P13 TRUE PHOTOGRAPH (NO.1) SHOWING THE DAMAGES CAUSED TO THE RUBBER TREES BY THE HITTING OF ROCK PIECES AS WELL AS THE ROCK PIECES FOUND IN THE LANDS AND SURROUNDING OF THE HOUSE OF THE PETITIONER RESPONDENT EXHIBITS Exhibit R5(a) A TRUE COPY OF THE REGISTERED LEASE AGREEMENT SUBMITTED BY THE 7TH RESPONDENT DATED 27-09-2023. Exhibit R5(b) A TRUE COPY OF THE NOC CAUSED BY THE DISTRICT LEVEL CRISIS MANAGEMENT AUTHORITY VIDE NO. DCIDK/7/181/2023-E9 DATED 01-02-2024. Exhibit R5(c) A TRUE COPY OF THE DETAILED INSTRUCTION TO THE PERMIT HOLDER BY THE GEOLOGIST, IDUKKI DATED 09-08-2024.
Exhibit R7(a) TRUE COPY LETTER OF INTENT DATED 11.11.2019 ISSUED BY THE S¥ DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI Exhibit R7(b) TRUE COPY OF THE LETTER NO. DOI/797/M/2020 DATED 14.12.2020 (APPROVAL OF MINING PLAN WITH PROGRESSIVE MINE CLOSURE PLAN) ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI Exhibit R7(c) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 18.2.2023 ISSUED BY THE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA) Exhibit R7(d) TRUE COPY OF THE CONSENT TO OPERATE DATED 27.4.2023 ISSUED BY THE KERALA POLLUTION CONTROL BOARD Exhibit R7(e) TRUE COPY OF PROCEEDINGS DATED 15.12.2022 ISSUED BY DISTRICT FIRE OFFICER Exhibit R7(f) TRUE COPY OF THE NOC DATED 26.7.2023 ISSUED BY THE CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI Exhibit R7(g) TRUE COPY OF THE LICENSE DATED 20.9.2023 UNDER SECTION 232 AND 233 OF KERALA PANCHAYAT RAJ ACT ISSUED BY THE GRAMA PANCHAYAT, KARIMKUNNAM Exhibit R7(h) TRUE COPY OF THE QUARRYING PERMIT NO. 1/2023- 24/GBS/QP00IDU-DMG/953/2023-M DATED 19.10.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit R7(i) TRUE COPY OF THE NOC DATED 1.2.2024 ISSUED BY THE DISASTER MANAGEMENT AUTHORITY, IDUKKI
APPENDIX OF WP(C) 46375/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO. KL06040804328/2023 DATED 22.08.2023 ISSUED BY THE VILLAGE OFFICER, KARIMKUNNAM Exhibit P2 TRUE COPY OF THE LOCATION SKETCH NO. 540/2023 DATED 06.11.2023 OF THE PROPERTY OF THE PETITIONER Exhibit P3 PHOTOGRAPHS EVIDENCING THE CRACKS DEVELOPED IN THE PETITIONER’S RESIDENCE DUE TO THE ILLEGAL QUARRYING OF RESPONDENT NO. 12 Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R12 (a) TRUE COPY LETTER OF INTENT DATED 11.11.2019 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI Exhibit R12 (b) TRUE COPY OF THE LETTER NO. DOI/797/M/2020 DATED 14.12.2020 (APPROVAL OF MINING PLAN WITH PROGRESSIVE MINE CLOSURE PLAN) ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI Exhibit R12 (c) TRUE COPY OF THE ENVIRONMENTAL ~CLEARANCE DATED 18.2.2023 ISSUED BY THE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA)
Exhibit R12 (d) TRUE COPY OF THE CONSENT TO OPERATE DATED 27.4.2023 ISSUED BY THE KERALA POLLUTION CONTROL BOARD Exhibit R12 (e) TRUE COPY OF NOC DATED 15.12.2022 ISSUED BY DISTRICT FIRE OFFICER Exhibit R12 (g) TRUE COPY OF THE LICENSE DATED 20.9.2023 UNDER SECTION 232 AND 233 OF KERALA PANCHAYAT RAJ ACT ISSUED BY THE GRAMA PANCHAYAT, KARIMKUNNAM Exhibit R12 (h) TRUE COPY OF THE QUARRYING PERMIT NO. 1/2023-24/GBS/QP/DOIDUDMG/ 953/2023-M DATED 19.10.2023 ISSUED BY THE 3RD RESPONDENT Exhibit R12 (i) TRUE COPY OF THE NOC DATED 1.2.2024 ISSUED BY THE DISASTER MANAGEMENT AUTHORITY, IDUKKI Exhibit R12(f) TRUE COPY OF THE PROCEEDINGS DATED 29.3.2023 ISSUED BY THE CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI