IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 W.A.No. 1489 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.27403/2005 DATED 30.5.2008 .................... APPELLANT/PETITIONER: ------------------------------------ A.K.NANU, AGED 64 YEARS, S/O.P.RAMAN NAIR, AMBATTU HOUSE, P.O.DESAMANGALAM, THRISSUR DISTRICT PIN - 679 532. BY ADV. SRI.P.K.IBRAHIM RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE KERALA STATE SINGLE WINDOW CLEARANCE BOARD, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, NAMELY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SINGLE WINDOW CLEARANCE BOARD, REPRESENTED BY ITS CHAIRMAN AND GENERAL MANAGER, NAMELY THE DISTRICT COLLECTOR, THRISSUR. 3. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 4. THE CHIEF CONTROLLER OF EXPLOSIVES, MADRAS. 5. THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, THRISSUR. 6. DESAMANGALAM GRAMA PANCHAYATH, DESAMANGALAM P.O., THRISSUR, REPRESENTED BY ITS SECRETARY. W.A.NO.1489 OF 2008 - 2 - 7. M.D.BABY, B.P.ASSOCIATES, MADAPPILLY HOUSE, KIZHAKKAMBALAM P.O. ERNAKULAM. 8. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, TRIVANDRUM - 33. R1 TO R3 & R8 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R5 BY STANDING COUNSEL SMT.AMBIKA DEVI R6 BY ADV.SRI.P.C.SASIDHARAN R7 BY ADV.SRI.SAJU S.A. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1489 of 2008 ------------------------------------------ Dated, this the 16th day of July, 2008 JUDGMENT Basheer, J. The appellant who claims to be a senior citizen and social worker residing in Ward No.XIV of Desamangalam Grama Panchayat had filed the writ petition praying, inter alia, to issue a writ of certiorari to quash Exts.P1, P5, P12, P19 and P20 orders. The primary concern of the appellant was that by establishment of the Granite Quarry and Crusher Unit the people in the locality would be put to untold hardship and misery apart from the only water source in the area being polluted. It was further contended that the nearby school would also be adversely affected by the establishment of the unit. 2. The learned Single Judge while repelling the contentions raised by the appellant had adverted to all the relevant aspects of the issue in great detail. It was observed by the learned Judge that the apprehension of the petitioner that tremors may be caused by blasting of rock with low intensity explosives in the quarry would not have any adverse impact on the seismologic condition. Apart from that the learned Single Judge had W.A.No.1489 of 2008 2 also noticed that the nearest house is 310 metres away and the water tank is nearly 300 metres away from the crusher unit. The school is running 1½ kilometres away from the crusher unit. 3. Respondent No.7 was granted Ext.P1 clearance certificate to start the unit in question, in a property measuring 2.4094 hectares comprised in Sy.Nos.684 685, 688, 692 and 693/2 of Desamangalam Village, in 2004. Consequently Ext.P12 order was issued by respondent No.3 granting permission to operate the unit. The appeal preferred by the appellant against the said grant was rejected by the Government through Ext.P5 order. Later when an application was submitted by respondent No.7 for grant of Explosive Licence, it was not favourably considered by the District Collector. But the said order was set aside by the Commissioner for Land Revenue in Ext.P19 order. The District Collector was directed to issue No Objection Certificate subject to the safety measures proposed by the CESS. Thereafter Ext.P20 order was issued by the District Collector in terms of Ext.P19 order. 4. The learned Single Judge has referred to the findings entered by the Centre for Earth Science Studies (CESS) in its report. It is pertinent to note that CESS in its report had only stressed the need for a W.A.No.1489 of 2008 3 close monitoring of the operation of similar activities in that area. A set of recommendations had also been suggested. In Ext.P19 order the Commissioner for Land Revenue had made it clear that NOC for use of explosives shall be issued subject to those conditions/recommendations. No objection certificate was ordered to be issued to the appellant to obtain Form 22 Explosive Licence only after considering all the relevant aspects of the matter. Further, in Ext.P20 order the District Collector while issuing the No Objection Certificate had constituted a Local Monitoring Committee consisting of the Assistant Geologist, Thrissur, the Member of the Ward concerned in the Panchayat where the quarry is situated, and the Village Officer of Desamangalam Village. It was directed in Ext.P20 order that the Committee should report about the functioning of the quarry in terms of the conditions stipulated in the No Objection Certificate, every month. Thus it is clear that issuance of the No Objection Certificate for use of explosives to blast the rocks was subject to strict supervision by the Local Monitoring Committee and also the conditions contained in the said No Objection Certificate. 5. Having carefully perused the entire materials available on record and having heard learned counsel appearing for the appellant we do W.A.No.1489 of 2008 4 not find any illegality or irregularity in the order passed by the learned Single Judge. Therefore, while affirming the findings and conclusions arrived at by the learned Single Judge, this writ appeal is dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns