IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 13994 of 2008(S) ---------------------------------------- PETITIONER: --------------------- ASSOCIATION FOR ENVIRONMENTAL PROTECTION, REG.NO.E-249/86, HIGH ROAD, ALWAYE-683101, KERALA, REPRESENTED BY ITS JOINT SECRETARY N.RAMACHANDRAN. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM DISTRICT. 2. THE SECRETARY, KADUNGALLUR GRAMA PANCHAYATH, MUPPATHADOM P.O. ALUVA-683110. 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, ERNAKULAM. 4. BASHEER, KALATHINKAL HOUSE CHENGAMANADU P.O., ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SMT. MEERA BY ADV. SRI.SAJEEV KUMAR K.GOPAL - R.2 SRI.P.M.ZIRAJ R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13994/2008 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE OF THE 3RD RESPONDENT ADDRESSED TO THE 4TH RESPONDENT, DTD. 17/03/2008. EXT.P2: PHOTOGRAPHS SHOWING THE PRESENT PORTION OF THE PADDY FIELD IN SY.NO.199/1, 199/3 AND 199/10. EXT.P3: COPY OF THE STOP MEMO ISSUED BY THE PRESIDENT, KADUNGALLOOR GRAMA PANCHAYATH, DTD. 23/04/2008. EXT.P4: COPY OF THE REPRESENTATION, DTD. 28/04/2008 ADDRESSED TO THE 1ST RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.P(C).No. 13994 of 2008 ===================== Dated this the 2nd day of June, 2008. JUDGMENT Koshy,J. The petitioner association is a registered organisation formed for the purpose of protecting the environment. The fourth respondent has obtained a licence in the year 2005 for mining. It is the contention of the petitioner that due to the mining, pits were formed in the paddy field. The fourth respondent had not filled up the pits formed due to excavation. It is also contended that instead of filling the pits, he is filling the neighbouring paddy fields. Therefore, this Court directed the Geologist to file a report. The Geologist filed a report stating that in the land in question for the last two decades, there was no cultivation. The land is a water logged pit due to earlier mining activity and at the time of inspection, the same was already filled up with red earth and only a balance area of 30 cents was yet to be filled up. On the eastern side of the boundary of the property WP(C) 13994/08 -: 2 :- of the fourth respondent, he has constructed a granite parapet and a pathway is seen newly formed for the purpose of unloading red earth. It is also stated that the filling activities are seen carried out by the fourth respondent in the lands where pits were formed and water logged area due to earlier mining activity. The said activity will not affect the environment and ecology of the area. In view of the report of the Geologist, this Writ Petition is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 2/6