IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 33914 of 2004(K) ------------------------------------- PETITIONER(S): ----------------------- S.HRIDHAYAKUMARI, D/O. RAMACHANDRAN, AGED 42 YEARS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND REVENUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE GEOLOGIST, DISTRICT OFFICE OF THE MINING AND GEOLOGY, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, TALUK OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. 5. THE VILLAGE OFFICER, ELAMBA VILLAGE, THIRUVANANTHAPURAM. 6. THE SECRETARY, MUDDAKKAL GRAMA PANCHAYAT, THIRUVANANTHAPURAM. 7. SASIDHARAKURUP, S/O. KRISHNA KURUP, PANAVILA VEEDU, ELAMBA VILLAGE, THIRUVANANTHAPURAM R1 TO R5 BY GOVT. PLEADER SRI.K.RAMESH R6 BY ADV. SRI.M.R.RAJESH R7 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 33914/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 4.10.04. P2:- COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R7(a):- COPY OF THE LETTER DTD. 15.4.2005 ISSUED BY THE DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY ALONG WITH COPY OF THE PERMIT GRANTED FOR QUARRYING. R7(b):- COPY OF THE PREVIOUS QUARRYING PERMIT GRANTED BY THE SAID AUTORITY VALID UP TO 10.12.04. R7(c):- COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTIES. R7(d):- COPY OF THE POSSESION CERTIFICATE OF THE SAID PROPERTY. R7(e)1:- COPY OF THE PLAN OF THE PROPERTY OF THE RESPONDENTS. R7(e)2:- COPY OF THE PLAN OF THE PROPERTY OF THE RESPONDENT. R7(f):- COPY OF THE LETTER TO SASIDHARA KURIP INVITING HIM TO PRODUCE STAMP PAPER FOR LEASE DEED DTD. 3.8.2005. R7(g):- COPY OF THE ORDER OF THE DIRECTOR OF MINING AND GEOLOGY DTD. 1.8.2005. R7(h):- COPY OF THE QUARRYING LEASE DTD. 8.8.2005. TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33914 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of May, 2010. J U D G M E N T The petitioner is a resident of Elama Village, Trivandrum District. She is aggrieved by the quarrying operations conducted by the 7th respondent near the property of the petitioner, which, according to the petitioner, is less than 20 meters from the petitioner's house. The quarry and the petitioner's house are situated at the slope of a hill. Petitioner's grievance is that the quarrying causes untold miseries to the petitioner and her family. She also alleges that the quarrying operations are illegal. 2. In view of the averments in the writ petition, on 20-5-2005, this Court directed the 2nd respondent to cause an enquiry into Ext. P1 representation filed by the petitioner alleging that the 7th respondent is doing illegal quarrying and to file a report before this Court. Pursuant to the same, the District Collector, Trivandrum has filed a report, which reads thus: “ REPORT SUBMITTED BY THE 2ND RESPONDENT, AS DIRECTED BY THIS HON'BLE COURT AS PER ORDER DT. 20.05.2005. As directed by this Hon'ble Court an enquiry was conducted in the matter and the following facts revealed. One Sri. Sasidhara Kurup, Panavila Veedu, Elamba village is quarrying rocks from 87 Ares of land comprised in block No. 44 of Re.Sy.156/14, 158/1 and 158/10 of Elamba village in Chirayinkeezhu Taluk. The land is in possession of Sri. Sasidhara Kurup and he has got proper permits from the Mining and Geology Department, which is valid up to 14-7-2005. The permit is issued for quarrying 300 Mt. of granite building stone. The quarry is functioning now and about 30 labours are working there. From the site inspection it is convinced that the house of the petitioner Smt. Hridayakumari is situated 64 mts. away from the quarry. As per Section 29(i) of Kerala Minor Mineral Concession Rules 1967, the distance from the quarry to the nearby residential buildings, public properties or roads is 50 Mt. The boundary of the W.P.C. No. 33914/2004 -: 2 :- quarry and petitioner's land are one and same ie, the quarry is situated near the petitioner's property and the house is situated close to the quarry. The quarry and the house are situated at the slope of a hill. Small pieces of granite stones are seen lying near the house plot at the time of site inspection. From the enquiry with the local people, it is understood that the quarrying operations are being done with modern equipments. There are chances for falling pieces of stone from the quarry on the top of the petitioner's house at the time of blasting.” From the same, it is abundantly clear that the quarrying done by the 7th respondent is dangerous to human life. I am surprised that despite the danger, permits and licenses have been issued to the 7th respondent for such quarry. Simply because the 7th respondent has all the licenses and permits even if he has, that cannot authorize the 7th respondent to do quarrying causing danger to human lives, which is against the basic human right. That being so, respondents 1 to 6 shall take immediate steps to stop the quarrying being done by the 7th respondent with immediate effect and see that the 7th respondent does not do quarrying in the place in question any further. Appropriate action would be done and orders would be issued to the 7th respondent in respect thereof within two weeks from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/