IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 278 of 2008(G) ------------------------ PETITIONER(S): ---------------------- 1. PRAKASH, S/O.MADHAVAN, AGED 40 YEARS, JYOTHI BHAVAN, VILAVOOR KONAM P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. 2. RADHAKRISHNA PILLAI, S/O.DAMODARAN PILLAI, AGED 44 YEARS, RESIDING AT RADHAKRISHNA MANDIRAM, VILAVOOR KONAM P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ------------------------ 1. THE GEOLOGIST, OFFICE OF MINING AND GEOLOGY, KOLLAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. KALLUVATHUKKAL GRAMA PANCHAYATH REP. BY ITS SECRETARY, KALLUVATHUKKAL, KOLLAM DISTRICT. 4. THE VILLAGE OFFICER, KALLUVATHUKKAL, KOLLAM DISTRICT. 5. AJAYAKUMAR, AGED ABOUT 40 YEARS, KATTUPURAM, VILAVOOR KONAM P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. 6. RAJENDRAN PILLAI, AGED ABOUT 50 YEARS, RAJENDRAVILASAM, KATTUPURAM, VILAVOOR P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. 7. SUJIKUMAR, AGED ABOUT 30 YEARS, SUJIVILASOM, KATTUPURAM, VILAVOOR P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. WP(C) NO. 278/2008 8. V.PRAKASH, AGED ABOUT 40 YEARS, GOPIKA, KATTUPURAM, VILAVOOR P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. 9. GOPALAKRISHNAKURUPPU, GK METAL AND CRUSHER, KATTUPURAM, VILAVOOR P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. R1, R2 AND R4 BY GOVT. PLEADER SRI. ARAVIND KUMAR BABU ADV. SRI.A.K.ALEX FOR R9 SRI.K.P.SURESH KUMAR FOR R9 SMT.B.VIJUBALA FOR R9 SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R3 SRI.PIRAPPANCODE V.S.SUDHIR FOR R3 SRI.G.SANTHOSH KUMAR (P). FOR R5, 6, 7 & 8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 278/2008 G APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE PHOTOGRAPH OF VELLOOR AYIRAVILLI TEMPLE AND ITS PREMISES. EXT.P2. COPY OF THE JUDGMENT DATED 2/5/2007 IN WPC 14002/07. EXT.P3. COPY OF THE REPRESENTATION DT. 11/12/2007 BY THE PETITIONERS BEFORE THE R2. RESPONDENTS' EXHIBITS : EXT.R9A. COPY OF THE QUARRYING LEASE DT. 23/1/2006 EXECUTED BETWEEN THE GEOLOGIST, KOLLAM AND THE R9. EXT.R9B. COPY OF THE FORM 22 EXPLOSIVE LICENSE BEARING NO. E. SC/KL 22/350 (E. 11833) DATED 19/4/2007 TO THE R9. EXT.R9C. COPY OF THE LICENSE BY THE SECRETARY, KALLUVATHUKKAL GRAMA PANCHAYATH ON 2/4/2007 TO R9. EXT.R9D. COPY OF THE SHORT FIRER'S PERMIT BEARING NO. ES. SP 707 IN FORM NO. 30 OF EXPLOSIVES RULES DATED 4/08/2006. EXT.R9E. COPY OF THE SALE DEED DT. 30/6/2005 EXECUTED IN FAVOUR OF R9. EXT.R9F. COPY OF THE SALE DEED NO. 1523/2007 DT. 22/5/2007 EXECUTED IN THE NAME OF PETITIONERS. / TRUE COPY / PA TO JUDGE. Tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.278 OF 2008 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT 1.The petitioners say that they are the office bearers of the Kshethrasamrekshana Samithi of the Velloor Ayiravilli temple at Aarayil, Pakalkkuri P.O., in Kollam district. They say that the temple is situated on the side of a hillock and that there is massive destruction to the ecological content and the locality by abuse of a mining permit granted by the competent authority. 2.The 9th respondent has placed on record the mining licence, the panchayat licence etc. on the basis of which he is carrying on the activity. 3.Having regard to the materials placed by the 9th respondent, it cannot be stated that the 9th respondent's activities are without sanction of the competent authority. However, the official WPC.278/08 2 respondents are duty bound to ensure that there is no mining or any other activity beyond the limit for which the sanction has been granted, in the case of area as also quantity to be mined. It is also the duty of the official respondents to ensure without fail that no injury is caused either to the temple or to its properties by reason of any activity of mining or any consequential causes that may be relatable to the activities of respondents 5 to 9. In the event of any such casualty, respondents 5 to 9 as also the Government officials having responsibility to ensure enforcement of this judgment would be personally liable for all such losses and damages. It is further directed that the mining lease, permit etc, shall not be renewed without adverting to and considering all relevant facts and factors hereafter. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.01/02