IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 24194 of 2009(S) ----------------------------------- PETITIONER: ------------------- STATE HUMAN RIGHTS PROTECTION CENTRE HAVING ITS REGD. OFFICE AT VELLIKULANGARA.P.O. THRISSUR, REP. BY ITS GENERAL SECRETARY SRI. JOY KAITHARATH. BY ADV. SMT.SANDHYA RAJU RESPONDENTS: ----------------------- 1. STAT OF KERALA, REPRESENTED BY CHIEF SECRETARY TRIVANDRUM. 2. THE PRINCIPAL SECRETARU, MINISTRY OF HEALTH, SECRETARIAT, TRIVANDRUM. 3. THE SECRETARY, LOCAL SELF GOVERNMENT SECRETARIAT, TRIVANDRUM. 4. MEMBER SECRETARY, STATE HUMAN RIGHTS COMMISSION, TRIVANDRUM. 5. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, PATTOM TRIVANDRUM. 6. THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD, PATTOM, TRIVANDRUM. R1 TO R5 BY SR. GOVERNMENT PLEADERSMT.K.MEERA R6 BY STANDING COUSNEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.24194 of 2009 ------------------------------------------ Dated this the 19th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed by the State Human Rights Protection Centre alleging non compliance of safety measures by the mine owners and quarry owners and the Government in abandoning the mines and quarries by making them dangerous to the general public and as such a direction is sought from this Court to be issued to the respondents to identify the abandoned mines and quarries in the State and to maintain safety protocols in the area. 2. After issuance of notice, the Joint Secretary to Government, Industries Department who is conversant with the facts has filed a counter affidavit, inter alia, contending that prima facie there are no acts of negligence on the part of the respondents in relation to maintaining safety measures in the mines and quarries and proper care and caution is being taken. However, so far as the abandoned mines and quarries are concerned, noting the fact that there is irregularity in not taking safety measures by proper filling, the mineral W.P.(C) No.24194 of 2009 - 2 - concessions are being granted only after ensuring the reclamation/fencing of the pits and necessary measures as required under Rule 23(5) of the Kerala Minor Mineral Concession Rules, 1967 and imposition of a condition on the lessee not to abandon a mine or part thereof unless final mine closure plan is approved by the authorities concerned are being implemented strictly. It is also ensured that apart from such undertaking, financial assurance in the form of bank guarantee at the rate fixed by the Public Works Department is also being collected and every step to safeguard the public from the abandoned mines and quarries is being undertaken. 3. Noting the steps taken by the respondents in safeguarding the public from the abandoned mines and quarries, in our view, satisfactory action is being taken and as such we no longer keep the matter pending on the file of this Court. However, we direct the concerned officials to strictly implement the policy decision as well as follow the Rules and even make it compulsory for mine owners and quarry owners to ensure safety measures while abandoning mines and quarries or portion thereof and unless such compliance is there, the mine owner or W.P.(C) No.24194 of 2009 - 3 - quarry owner should not be let off loosely. It is also directed that the Government shall take all necessary steps to make the already abandoned mines and quarries safe and take all precautionary measures to avert further danger to the public. With these observations the writ petition stands disposed of. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.