IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 12386 of 2008(Y) -------------------------------------- PETITIONER: ------------------- KURIAKOSE SABU, KAVUMKAL GRANITES, METAL CRUSHER UNIT, CHEMPANOLI, VECHOOCHIRA P.O., RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON. RESPONDENTS: ----------------------- 1. THE TAHASILDAR, TALUK OFFICE, KANJIRAPPALLY, KOTTAYAM DISTRICT. *ADDL. RESPONDENTS 2 & 3 IMPLEADED: *2. THE MANAGER, ST. MARY'S U.P. SCHOOL, KORATTY, KURUVAMOOZHY.P.O., ERUMELY, KOTTAYAM DISTRICT. *3. THOMAS SEBASTIAN, NAGATHUMKAL HOUSE, KURUVAMOOZHY.P.O., ERUMELY, KOTTAYAM DISTRICT. *IMPLEADED VIDE ORDER DTD. 23/05/08 IN I.A. 6105/08. **ADDL. R4. IMPLEADED: **4. THE POLLUTION CONTROL BOARD, REP. BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, ST. ANTONY'S COMPLEX, NAGAMBADOM, KOTTAYAM - I. **IMPLEADED AS ADDL.R4 AS PER ORDER DTD. 13/06/08 IN I.A. NO. 7171/08. R1 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA, R2 & R3 BY ADV. SRI.SUNIL CYRIAC, R4 BY ADV. SMT.K.K.THULASY BHAI,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12386/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DTD. 05/12/07. EXT.P.2: COPY OF THE RECEIPT ISSUED BY THE SECRETARY, KANJIRAPPALLY GRAMA PANCHAYAT DTD. 10/12/2007. EXT.P.3: COPY OF THE RECEIPT ISSUED BY THE SECRETARY, KANJIRAPPALLY GRAMA PANCHAYAT DTD. 11/03/2008. EXT.P.4: COPY OF THE LICENCE ISSUED BY THE GEOLOGIST DTD. 12/12/2007. EXT.P.5: COPY OF THE CHALLAN DTD. 04/04/2008 EVIDENCING THE DEPOSIT OF AMOUNT FOR THE RENEWAL OF THE LICENCE. EXT.P.6: COPY OF THE PROHIBITION ORDER OF THE RESPONDENT DTD. 07/04/2008. EXT.P.7: COPY OF THE LETTER ISSUED BY THE POLLUTION CONTROL BOARD DTD. 29/02/2008. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE COMPLAINT RCEIVED FROM THE PARENT TEACHERS ASSOCIATION OF ST. MARY'S U.P. SCHOOL, KORATTY ON 04/02/2008. EXT.R1.B: COPY OF THE COMPLAINT PREFERRED TO THE DISTRICT COLLECTOR, KOTTAYAM BY THE LOCAL PEOPLE OF WARD NO. 14, 15 OF KANJIRAPPALLY PANCHAYAT DTD. 02/04/2008. EXT.R4.1: COPY OF THE BOARD'S DISTANCE NORMS VIDE CIRCULAR NO. PCB/TAC/18/200 DTD. 09/08/2004. EXT.R4.2: COPY OF THE CONSENT ORDER DTD. 05/12/2007. //TRUE COPY// P.S. TO JUDGE. prv. V. GIRI, J. ------------------------------- WP(C).NO. 12386 of 2008 --------------------------------- Dated this the 2nd day of December, 2008. JUDGMENT The petitioner who established a metal crusher unit and who claims to have been running the same for the last four years, stated to be after getting requisite licence and permission, has approached this court challenging Ext.P6 notice issued by the Tahsildar restraining the conduct of quarry. The order of restraint has been passed taking note of the complaint filed by respondents including respondents 2 and 3. 2. Pursuant to the direction issued by this court, the Environmental Engineer, Pollution Control Board filed a report on 27.8.2008. The same reads as follows:- “ It is most respectfully submitted that as ordered by the Honourable High Court, inspection has been conducted to the materials stockyard of M/s. Kavunkal Granites, at Erumely on 18.8.2008 to verify the compliance with the directions of the Board with regard to containment of anticipated pollution problems during storage and handling of crusher granite materials. It was observed during WPC.12386 /2008 2 the inspection that, the firm have complied satisfactory with: 1. Removed entire materials which was stored outside of stockyard. 2. Outer boundaries of the stock-yeard on all 4 sides has been covered with garden net so as to have boundary height 15 feet from the stockyard ground level and provided with water sprinklers as directed. 3. Water sprinklers have been provided adequately in the outer premises of stock-yard and vehicle path for control of dust emission during handling and transport of materials. 4. The stock-yard is not in operation. “ 3. I heard learned counsel for the petitioner Sri. P.B.Sahasranaman, the learned counsel for respondents 2 and 3 and the learned Government Pleader. In my view since there has been an attempt on the part of the petitioner to improve the situation in the stock yard, it will be appropriate that the Tahsildar reconsiders the issue in the light of the report filed by the Environmental Engineer after notice to the respondents. The Tahsildar shall also verify whether the petitioner has licence WPC.12386 /2008 3 entitling him to stock metal in a stock yard, from the Panchayat. A fresh order shall be passed by the Tahsildar within one month from the date of receipt of a copy of this judgment. It is made clear that the petitioner shall be permitted to conduct metal stockyard only if there is a current licence issued in that behalf by the concerned Panchayat. I record the submission made by the learned counsel for the petitioner that the premises in question are not being used for the purpose of conducting a metal crusher unit, but only to stock and sell metal. V. GIRI, JUDGE. Pmn/ WPC.12386 /2008 4