IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 14851 of 2009(B) --------------------------------------- PETITIONER: ------------------- P.DAMODARAN, S/O.RAGHAVAN, KESAVASADANAM, THANNITHODE P.O., KONNI, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER, THANNITHODE, PATHANAMTHITTA. 2. THE TAHASILDAR, KOZHENCHERRY TALUK, PATHANAMTHITTA. 3. D.F.O., RANNY, PATHANAMTHITTA. 4. THE SENIOR GEOLOGIST, GOVT OF KERALA, DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, PATHANAMTHITTA. 5. RANGE OFFICER, VADASSERIKARA, PATHANAMTHITTA. 6. PREETHA.S.KUMAR, W/O.SUBASH KUMAR, SUBASH BHAVAN, THANNITHODE, PATHANAMTHITTA. *ADDL.R7 IMPLEADED: 7. STATE OF KERALA, REP. BY SECRTARY, DEPARTMENT OF FOREST, KERALA GOVERNMENT SECRETARIAT, TRIVANDRUM. *ADDL. R7 IS IMPLEADED AS PER ORDER DT. 03/07/09 IN I.A. 8185/09. R1 TO R5 BY SPL. GOVERNMENT PLEADER SRI. P.M. POULOSE, R6 BY ADV. SRI.VIJAI MATHEWS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14851/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONSENT LETTER DTD. 20/02/08 ISSUED BY R6 TO THE PETITIONER. EXT.P.2: COPY OF THE LOCATION SKETCH PREPARED BY FIRST RESPONDENT. EXT.P.3: COPY OF THE QUARRYING PERMIT DTD. 29/09/08 ISSUED BY R.4. EXT.P.4; COPY OF THE JUDGMENT DTD. 29/04/08 PASSED BY THIS HON'BLE COURT IN W.A. NO. 956/2008. EXT.P.5: COPY OF THE ORDER DTD. 28/05/08 PASSED BY RDO, ADOOR. EXT.P.6: COPY OF THE W.A. NO. 809/199. EXT.P.7: COPY OF THE PATTAYAM OF THE R.6. EXT.P.8: COPY OF THE G.O. DTD. 25/10/90. EXT.P.9.SERIES: COPY OF THE PHOTOGRAPHS. EXT.P.10: COPY OF THE LAND TAX RECEIPT DT. 13/08/08. EXT.P.11: COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P.12: COPY OF THE MAHAZAR DTD. 04/12/1973. EXT.P.13: COPY OF THE SKETCH DTD. 15/12/1973. EXT.P.14: COPY OF THE FORM NUMBER 1 SUBMITTED BEFORE JFMC II, PATHANAMTHITTA IN OR 5/09 OF THANNITHODE FOREST STATION. RESPONDENTS' EXHIBITS & ANNEXURES: EXT.R6.A: COPY OF THE POSSESSION CERTIFICATE DTD. 10/06/09 ISSUED BY THE VILLAGE OFFICER, THANNITHODU. EXT.R6.B: COPY OF THE CERTIFICATE DTD. 11/06/2009 ISSUED BY THE VILLAGE OFFICER, THANNITHODU. EXT.R6.C: COPY OF THE RELEVANT PAGES OF BOOKLET`SAMAGRA VIKASANA REKHA PATHANAMTHITTA ZILLA'. ANNEXURE-A1: COPY OF THE RESERVE NOTIFICATION DT. 27/01/1897. ANNEXURE A2: COPY OF THE SKETCH. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.14851 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. Judgment 1.The complaint of the petitioner is that he is not permitted to quarry in terms of Ext.P3 quarrying permit. With the passage of time, it is stated that Ext.P3, though expired, appropriate application has been filed for its renewal. Though the petitioner states that Ext.P3 is a permission to quarry granite from lands covered by Exts.P1 and P2, it is not for this Court to settle and decide that issue. 2.The learned Special Government Pleader for Forests says that under the guise of Ext.P3, the petitioner is attempting to excavate granite from the forests. Less said the better because this submission would tend to indicate that the official respondents are unable to protect the forests. The larger questions sought to be WPC14851/09 -: 2 :- canvassed, namely, whether the land is part of forest land or whether it is part of food production area and still further, whether food production area is itself part of forest land, are not matters to be dealt with in this writ petition. If Ext.P3 is in force either by reason of its renewal or by competent application in terms of laws for its renewal and if the petitioner gets renewal of Ext.P3, he cannot but be permitted to carry out quarry operations in terms of Ext.P3. It is for the Geology Department and the Forest Department to ensure that the petitioner confines his operations to the area in relation to which Ext.P3 and its successor permit, if any, is granted. It is for the Government officials to protect the forest land rather than make statements which may run contrary to Ext.P3. If the Forest Department has a case that the quarrying permit has been granted in relation to forest land and that grant of such permit is WPC14851/09 -: 3 :- objectionable, that issue has to be taken by the Forest Department before the Geology Department. Subject to that, this writ petition is ordered directing that the petitioner's operations, if any, in terms of Ext.P3 and any successor permit, shall be permitted to be carried out strictly in conformity with any such permit. All other issues on merits are left open. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0106