IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 34467 of 2007(C) --------------------------------------- PETITIONER(S): ----------------------- JOHNSON T.J., AGED 33, S/O.T.P.JOSE, THERMADOM, CHIRANELLOOR P.O., THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): ------------------------- 1. THE CHOONDAL GRAMA PANCHAYATH, REP. BY ITS SECRETARY, P.O.KECHERY, THRISSUR DISTRICT. 2. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. 3. THE SECRETARY TO THE GOVT., LOCAL SELF GOVT. DEPARTMENT, THIRUVANANTHAPURAM. ADDL R4 & R5 ARE IMPLEADED 4. M.K.ANTONY, S/O. KOCHU VAREETH, (CONVENOR, CHOONDAL KUNNU, MAROCKEY HOUSE, KOONAMUCHI, THRISSUR DIST. 5. K.A. RAMESH, S/O. APPOOTTY, KUNNATHUVALAPPIL, CHOONDAL P.O., THRISSUR DISTRICT. ADDL. R4 & R5 AR IMPLEADED AS PER ORDER DT. 12.12.07 IN IA. 16326/07. BY ADVS. MR.P.RAMAKRISHNAN FOR R1 BY GOVT. PLEADER MR.T.K.VIPINDAS FOR R2 & R3 BY ADV. MR.V.V.NANDAGOPAL NAMBIAR FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34467/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DT. 10.9.07. P2:- COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT TO THE PETITIONER DT. 24.9.07. P3:- COPY OF THE COMMUNICATION BY THE IST RESPONDENT TO THE 2ND RESPONDENT DT. 21.10.07. P4:- COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT DT. 31.10.07. P5:- COPY OF THE REQUEST OF THE PETITIONER BEFORE THE IST RESPONDENT RECEIVED ON 8.10.07. P6:- COPY OF THE RESOLUTION OF THE PANCHAYATH NUMBERED AS 166/07 DT. 31.5.07 ALONG WITH COVERING LETTER OF THE IST RESPONDENT DT. 19.11.07. P7:- COPY OF THE RESOLUTION OF THE PANCHAYATH DT. 18.10.06 AND NUMBERED AS 146/06 OF THE IST RESPONDENT. P8:- COPY OF THE COMMUNICATION BY THE IST RESPONDENT PANCHAYATH DT. 17.11.07. R4(a):- COPY OF THE REPRESENTATION DT. 8.11.07 SUBMITTED BY THE PETITIONER AND THE CHAIRMAN OF SAMITHY. R5(1):- COPY OF THE DOCUMENT DT. 14.9.07 SUBMITTED TO THE 3RD RESPONDENT. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.34467 OF 2007 ---------------------------- DATED THIS THE 25TH DAY OF MARCH, 2009 JUDGMENT Petitioner has obtained a permit from the 2nd respondent for the purpose of quarrying 250 MT of red stone from the property comprised in Sy.No.143/9 of Choondal Village having an extent of 1 acre and 21 cents. It is the case of the petitioner that he was carrying on quarrying operations for the last several years and his licence was renewed from time to time. The petitioner approached the Panchayat for sanction. The Panchayat refused sanction stating that they have passed Resolution No. 166/07 by which it was decided that they need not grant any sanction for carrying out quarrying operation. The Panchayat issued Ext.P8 order stating that they have already resolved not to grant permission for the quarrying operation and therefore the Panchayat refused sanction. Petitioner submitted that the action of the Panchayat is illegal and arbitrary, that the -2- W.P.(C).No.34467/2007 said action is causing substantial injury to him on account of the fact that he has spent considerable amount on believing that he can carry out the quarrying operations on the basis of Ext.P1 permit. 2. In the counter affidavit filed by the 2nd respondent it is inter alia contended that after the issuance of Ext.P1 permit, complaints were received from the public complaining nuisance and air pollution. In the light of serious objection from the public, the Panchayat has requested the 2nd respondent to cancel the quarrying permit. On inspection it was noticed that 5 residential buildings are located within 50 meters of the quarrying area and that the residents had given their consent in the year 2005 to the owner of the land to quarry laterite stones. It is also stated by the 2nd respondent that the said persons are now opposing the quarrying operation. The 2nd respondent directed the petitioner to extract laterite only from a portion of the land, which is at a distance of more than 50 meters from the resideantial buildings. The period of permit expired on -3- W.P.(C).No.34467/2007 9/12/2007. 3. In the statement filed by the lst respondent Panchayat it is stated that they had passed a resolution on 18/10/2006 to prohibit quarrying operation in Ward II, that the residents of the locality had raised objections against the quarrying and had submitted complaints before them and other authorities. The Panchayat committee met on 27/11/2007 and discussed the issue relating to the quarrying work in Ward No.1, II and XV and a resolution was passed prohibiting quarrying of soil and cutting of laterite stone. Ext.R1(a) is the copy of the said resolution. The other contesting respondents also filed counter affidavits opposing quarrying operations. 4. The 2nd respondent issued permit for conducting quarrying operations. The only restriction imposed on the petitioner is that he should carry on quarrying operations by keeping 50 meters distance Rule. Quarrying operation within a distance of 50 meters of residential buildings is prohibited under Rule 29(i) of the Kerala Minor Minerals Concession Rules, 1967. -4- W.P.(C).No.34467/2007 The 2nd respondent also reported that there are only 5 residents within such a prohibited distance of 50 meters. Those persons have granted permission to the petitioner to conduct the quarrying operation. They cannot subsequently cancel the permission and oppose the quarrying operation. If the quarrying operations are not carried out as per the Rules and is causing any nuisance to the public or causing any air pollution, the Panchayat shall make necessary enquiries and shall pass appropriate orders, after hearing the affected parties, if any. If the quarrying operations are done without causing nuisanceto the public, there is no reason for not permitting the petitioner to carry on the quarrying operations, if he is a holder of valid licence under the Kerala Minor Mineral Concession Rules. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.