IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 7593 of 2011(Y) --------------------------------------- PETITIONER(S): ------------------------- A.D.JOHN, PUTHEN VEEDU, PERUMPRAMAVU.P.O., KEEZHVAIPUR, PATHANAMTHITTA. BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH (E) RESPONDENT(S): ---------------------------- 1. THE KOTTANGAL GRAMA PANCHAYAT, KOTTANGAL, REPRESENTED BY ITS SECRETARY,PIN-689 588. 2. THE SECRETARY, KOTTANGAL GRAMA PANCHAYAT, KOTTANGAL, PIN-689 588. 3. THE DISTRICT MEDICAL OFFICER, (HEALTH), PATHANAMTHITTA. PIN-689 588. R1 & R2 BY ADVS.SRI.T.S.JOHN, SRI.JESTIN MATHEW. R3 BY GOVERNMENT PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7593/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF QUARRYING PERMIT DTD. 8/12/2003 ISSUED BY THE GEOLOGIST. P2: COPY OF ORDER EXTENDING QUARRYING PERMIT UPTO 27/07/2010. P3: COPY OF CONSENT TO OPERATE ISSUED TO THE PETITIONER BY THE POLLUTION CONTROL BOARD UPTO 30/06/2012. P4: COPY OF LICENSE ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION. P5: COPY OF SHOT FIRERS PERMIT ISSUED TO VARGHESE EMPLOYEE OF PETITIONER. P6: COPY OF ORDER DTD. 23/02/2006 PASSED BY THE DISTRICT COLLECTOR PERMITTING THE PETITIONER TO RUN QUARRY. P7: COPY OF NOC DTD. 4/08/2010 ISSUED BY THE ASST.DIVISIONAL OFFICER, FIRE & RESCUE SERVICE. P8: COPY OF POSSESSION CERTIFICATE DTD. 23/07/2010 ISSUED BY THE TAHSILDAR, MALLAPPALLY. P9: COPY OF RESULT OF AMBIENT AIR MONITORING TEST CONDUCTED BY THE POLLUTION CONTROL BOARD. P10: COPY OF PROHIBITORY ORDER DTD. 4/11/2009 ISSUED BY THE TAHSILDAR, MALLAPPALLY. P11: COPY OF JUDGMENT DTD. 6/01/2010 IN WPC.NO.32030/2009 OF THIS HON'BLE COURT. P12: COPY OF ORDER NO.A3-3331/03 DTD. 15/03/2010 ISSUED BY THE TAHSILDAR, MALLAPPALLY. P13: COPY OF LETTER DTD. 1/12/2010 ISSUED BY THE 2ND RESPONDENT. P14: COPY OF NOC DTD. 29/01/2011 ISSUED BY THE 3RD RESPONDENT. P15: COPY OF REPRESENTATION DTD. 25/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P16: COPY OF LETTER DTD. 7/03/2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER REJECTION THE APPLICATION OF THE PETITIONER FOR NOC. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 7593 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2011 J U D G M E N T This writ petition has been filed mainly to redress the grievances regarding the inordinate delay in the matter of disposal of an application submitted by the petitioner for quarrying permit. 2. According to the petitioner, he has submitted the application along with all other requisite certificates. After its receipt it was forwarded to the District Medical officer for getting No Objection Certificate. Subsequently, Ext.P14 No Objection Certificate was issued. That was issued by the District Medical Officer based on inspection report submitted by the Technical Officer attached to his office. However, Ext.P14 was returned by the second respondent on the ground that the seal of the office of the District Medical Officer was not affixed thereon. Thereafter, no steps were taken by the District Medical Officer to return the same to the second respondent, under seal. It is in the said circumstances that this writ petition has been filed mainly with a prayer to issue a WPC.No.7593/2011 : 2 : writ of mandamus commanding the respondents 1 and 2 to grant licence for the petitioner for running the quarry. The further prayers are for issuance of writ of prohibition prohibiting the 3rd respondent from canceling Ext.P14 NOC without hearing the petitioner and for issuance of writ of mandamus commanding the respondents to grant quarrying permit to the petitioner based on Ext.P14 No Objection Certificate issued by the 3rd respondent, the District Medical Officer. 3. A statement has been filed in this writ petition by the 3rd respondent. It is stated therein that Ext.P14 was issued taking into account the report submitted by the Technical Assistant attached to his office. The technical assistant after conducting an inspection recommended for issuance of No objection Certificate. Later, Ext.P14 No objection certificate was returned as the office seal was not affixed thereon. In the meanwhile, the Medical officer- in charge, Primary Health Centre, Kottangal submitted a report to the 3rd respondent stating that the quarrying in the site in question would be hazardous and the nearby residents are suffering from irritant WPC.No.7593/2011 : 3 : cough, Cosinophilia recurrent allergy, Bronchitis, Hypertension on account of the operation of the quarry. It is further stated therein that for patients of Coronary Artery disease noise fear quarry may cause emotional discomfort and may lead to increase cardiac work load. Taking note of the said report submitted by the Medical Officer-in-charge the 3rd respondent informed the second respondent that Ext.P14 NOC issued from his office should be kept in abeyance until further orders. Be that as it may, it is evident that on account of the non-issuance of the NOC the second respondent is not taking up the application submitted by the petitioner for quarrying permit. The contention of the petitioner is that the application for quarrying permit is accompanied by all requisite certificates and permits, sans, No Objection Certificate from the 3rd respondent. It is contended that there is no justification for the 3rd respondent to cause further delay in the matter of issuance of NOC. There cannot be any doubt with respect to the position that he is the competent authority to issue such a certificate and when he is requested for issuance of NOC in accordance with law, he is bound to WPC.No.7593/2011 : 4 : consider the same and to take appropriate step, in accordance with law. As already noticed the technical officer attached to the office of the 3rd respondent had recommended for issuance of NOC whilst the Medical Officer in Charge of Primary Health Centre, Kottangal recommended that it should not be issued. In view of the said conflicting reports and also considering the public interest involved in this issue on account of allegation of health of problems being faced by the nearby residents, I am of the view that the 3rd respondent has to conduct an inspection of the area concerned personally and thereafter, take a decision to issue or to refuse No Objection certificate to the petitioner in respect of the quarry in question. In the said circumstances, this writ petition is disposed of with a direction to the 3rd respondent to conduct an inspection, in the area in question specifically described in Ext.P14 by himself and based on such inspection forward his opinion in the matter of granting of permit to the petitioner. This shall be done expeditiously, at any rate within a period of three weeks from the date of receipt of copy of this judgment. On its receipt the second respondent shall take appropriate WPC.No.7593/2011 : 5 : action on the application submitted by the petitioner for quarrying permit, in accordance with law, expeditiously, at any rate within a period of two months thereafter. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge