IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 36394 of 2004(G) ------------------------ PETITIONER : --------------------- SATHEESH G.S., AGED 26 YEARS, S/O.G.GOPINATHAN PILLAI, HOUSE NO.IX/540, "SAJEEV MANDIRAM", PERUMBAKKALA, PALLICKAL VILLAGE THIRUVANANTHAPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF MINING & GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. 4. THE TASHILDAR, CHIRAYINKEEZHU. 5. GOPALAKRISHNA KURUP, RAMAKRISHNA VIHAR, KALLUVATHUKAL, KOLLAM. 6. THE VILLAGE OFFICER, PALLICKAL, 7. PALLICKAL GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, PALLICKAL GRAMA PANCHAYATH, PALLICKAL, VELAMANNOOR P.O., THIRUVANANTHAPURAM. 8. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ...2/- WP(C).No. 36394 of 2004(G) -2- 9. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, OFFICE OF THE CONTROLLER OF EXPLOSIVES MINISTRY OF INDUSTRY, GOVERNMENT OF INDIA, 46/226, POWER HOUSE ROAD, ERNAKULAM, KOCHI-18. 10. THE CHIEF CONTROLLER OF EXPLOSIVES, 140 EGMORE, CHENNAI-600 008. 11. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 12. THE ENVIRONMENTAL ENGINEER, THE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THIRUVANANTHAPURAM. R1 TO R4, R6 & R8 BY GOVT. PLEADER SRI. T.T. MUHAMOOD R5 BY ADVS. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SRI.K.VINODKUMAR R7 BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. R9 & R10 BY ADVS.SRI. JOHN VARGHESE, ASSISTANT SG SRI.P.S.BAIJU, CGC R11 & R12 BY ADVS. SRI.S.SUDHEESHKAR, SC , KSPCB SRI.M.K.CHANDRA MOHANDAS, SC SRI.BABU JOSEPH KURUVATHAZHA, SC, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, ALONG WITH WPC NO. 5395 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 36394 of 2004(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NO OBJECTION CERTIFICATE DATED 19.2.2004 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION DATED 16.3.2004 FILED BY THE MEMBERS OF THE GENERAL PUBLIC BEFORE THE HON'BLE REVENUE MINISTER. EXT.P3 : COPY OF THE ORDER DATED 19.3.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P4 : COPY OF THE JUDGMENT DATED 26.3.2004 IN WP(C) NO. 9851/2004. EXT.P5 : COPY OF THE JUDGMENT DATED 10.8.2004 IN WP(C) NO. 19016/2004. EXT.P6 : COPY OF THE ORDER DATED 1.10.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P7 : COPY OF THE LETTER DATED 18.10.2004 ISSUED TO RESPONDENT NO. 5. EXT.P8 : COPY OF THE PERMIT DATED 27.6.2004 ISSUED TO THE 5TH RESPONDENT. EXT.P9 : COPY OF THE REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 15.3.2004. EXT.P10 : COPY OF RULE 5 OF THE MINOR MINERAL CONCESSION RULE. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.36394/2004-G & 5395/2005-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2011 J U D G M E N T The petitioner in W.P.(C).No.36394/2004 is aggrieved by the use of Jack Hammers and high power explosives in conducting the blasting operations in various quarries. In W.P.(C).No.5395/2005, the challenge is against the order passed by the Tribunal for the Local Self Government Institutions wherein the Tribunal upheld the decision of the Panchayat to refuse the licence applied for by the petitioner. The petitioner in W.P.(C).No.5395/2005 contends that he has obtained all the required licences for operating quarry and the Panchayat rejected it only on the ground of objection of public which was upheld by the Tribunal. 2. Heard the learned Senior Counsel for the petitioner in W.P.(C).No.5395/2005, the learned counsel appearing for the Panchayat and the learned counsel appearing for the Pollution Control Board as well as the learned counsel for the petitioner in W.P.(C).No. 36394/2004. These writ petitions have been pending for W.P.(C). Nos. 36394/2004 & 5395/2005 -:2:- the last six years. The issue that was considered at the relevant time was the objection by the local people. 3. The learned Senior Counsel for the petitioner submitted that the order of the Tribunal may not prejudice the right of the petitioner in W.P.(C). No.5395/2005 to seek for a fresh licence from the Panchayat after obtaining permits from various authorities. Evidently, there is an amendment to the Rules, [Kerala Minor Mineral Concession Rules], namely, Rule 8. Various authorities are involved in the matter, namely, the District Collector, Geologist, the Licensing Authority under the Explosive Rules and the Pollution Control Board. The order passed by the Tribunal will not stand in the way of the petitioner approaching the various statutory authorities including the Panchayat, by proper applications and after producing all documents. If a proper application is filed, the Panchayat will consider it in accordance with the Rules and various factors relevant. W.P.(C). Nos. 36394/2004 & 5395/2005 -:3:- 4. As far as the W.P.(C).No.36394/2004 is concerned, the main complaint is with regard to the use of Jack Hammer. It is made clear that for the operation of the quarry the Contractor/Owner will have to obtain licences from the various authorities and only after obtaining the same, quarry will be operated. If the petitioner has any other grievances, he can raise his objections before the concerned authorities and if any such objections are raised, the same will be duly considered by appropriate authorities. The writ petitions are disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms