IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 38159 of 2008(P) ----------------------------------- PETITIONER : ---------------- V.M.JOHN, AGED 52 YEARS, S/O.MANI, VALIYANAMKANDATHIL HOUSE, MEVELLUR P.O. VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS : ------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE PALA, KOTTAYAM DISTRICT. 3. THE TAHSILDAR, VAIKOM TALUK OFFICE, VAIKOM P.O., KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, MULAKULAM VILLAGE OFFICE, MULAKULAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 5. THE VILLAGE OFFICER, VELLOOR VILLAGE OFFICE, MEVELLOOR P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 6. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, KOTTAYAM - 2. WP(C).No. 38159 of 2008(P) 7. THE CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KADUTHURUTHY, KOTTAYAM DISTRICT. 8. THE SECRETARY, MULAKULAM GRAMA PANCHAYATH, MULAKULAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 9. THE SECRETARY, VELLOOR GRAMA PANCHAYATH, MEVELLOOR P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 10. C.E.CHACKO, PAPPINISSERI HOUSE, KARIKODE P.O., MULAKULAM, VAIKOM TALUK, KOTTAYAM DISTRICT. 11. P.V.ELIAS, PARASSERIL HOUSE, MULAKULAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 12. THE ENVIRONMENTAL ENGINEER, THE KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM DISTRICT OFFICE, NAGAMBADAM P.O., KOTTAYAM. ADV. SRI.MILLU DANDAPANI FOR R8 SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R9 SRI.P.GOPAL FOR R9 SRI.P.P.JACOB FOR R11 GOVERNMENT PLEADER SMT.M.R.SREELATHA SRI.M.K.CHANDRAMOHANDAS, SC POLLUSION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, ALONG WITH WPC NO. 38187 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : WP(C).No. 38159 of 2008(P) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE JUDGMENT DATED 31.10.2008 IN W.P.(C) NO. 31269 OF 2008 PASSED BY THIS HON'BLE COURT EXT.P2: TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 26.10.2008 REGARDING THE INDISCRIMINATE MINING CONDUCTED BY RESPONDENTS 10 AND 11 WITH THEIR COUNTER PART EXT.P3: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.12.2008 AGAINST THE ILLEGAL MINING OF BRICK CLAY BY THE RESPONDENTS 10 AND 11 EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 8TH RESPONDENT BY THE PETITIONER DATED 17.12.2008 EXT.P5: TRUE COPY OF THE PROHIBITORY ORDER ISSUED BY THE 5TH RESPONDENT DATED 19.12.2008 TO THE RESPONDENTS 10 AND 11 EXT.P6: TRUE PHOTOGRAPHS SHOWING THE MINED BRICK CLAY FROM THE ADJOINING PADDY FIELD OF THE PETITIONER STOCKED FOR THE PURPOSE OF MANUFACTURING BRICKS IN ITS KILN DURING 2009 EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL RESIDENTS OF VALLOOR VILLAGE BEFORE THE 1ST RESPONDENT DATED 29.12.2008 RESPONDENTS EXHIBITS : EXT.R9(a): TRUE COPY OF THE LETTER NO.C1-1342/08 ISSUED BY THE 9TH RESPONDENT, PANCHAYATH TO THE SUB INSPECTOR OF POLICE, VELLOOR DATED 27.12.2008 EXT.P11(a): TRUE PHOTOCOPY OF THE CONSENT LETTER ISSUED TO THE 11TH RESPONDENT BY GEORGE DATED 01.12.2007 EXT.P11(b): TRUE PHOTOCOPY OF THE SITE PLAN OF THE PROPERTY EXT.P11(c): TRUE PHOTOCOPY OF THE PERMIT ISSUED BY GEOLOGIST DATED 23.01.2008 EXT.P11(d): TRUE PHOTOCOPY OF THE PERMIT ISSUED BY GEOLOGIST DATED 23.10.2008 WP(C).No. 38159 of 2008(P) EXT.P11(e): TRUE PHOTOCOPY OF THE CHELAN SHOWING REMITTANCE OF AMOUNT EXT.P11(f): TRUE PHOTOCOPY OF THE CHELAN SHOWING REMITTANCE OF AMOUNT EXT.P11(g): TRUE PHOTOCOPY OF THE PETITION FILED BY THE 11TH RESPONDENT DATED 16.10.2008 EXT.P11(h): TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE PANCHAYATH DATED 21.02.2008 EXT.P11(i): TRUE PHOTOCOPY OF THE RENEWAL APPLICATION FILED BY THE 11TH RESPONDENT DATED 13.10.2008 EXT.P11(j): TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY VILLAGE OFFICER DATED 19.12.2008 -TRUE COPY- P.A. TO JUDGE pac ANTONY DOMINIC, J. ----------------------------- W.P.(C) Nos. 38159 & 38187 of 2008 ----------------------------------------------- Dated this the 22nd day of January, 2009 JUDGMENT W.P(C) No. 38159/2008: The petitioner is essentially seeking the implementation of Exhibit P5, Prohibitory order dated 19/12/2008, issued by the Village officer, Mulakulam Village directing the unauthorised brick manufacturing unit within the Mulakulam Village shall forthwith be stopped. According to the petitioner, the 11th respondent herein is manufacturing bricks without having any valid licnece and that, he has only a license issued by the Geologist, permitting storage of clay. It is stated that the 11th respondent does not have any mining license from the Panchayath or consent of the Pollution Control Board or the Land Utilisation Order. It is stated that despite the absence of licence and ignoring Exhibit P5, the 11th respondent is continuing the mining and brick manufacturing. It is therefore, in this writ petition, the petitioner seeks an order for implementing of the prohibitory order. 2. W.P(C) No. 38187 of 2008 is filed by the 11th respondent W.P.(C) Nos. 38159 & 38187 of 2008 2 in W.P(C) No. 38159/2008. In the writ petition and during the arguments, counsel submits that he has not engaged in any clay mining. According to him, the 11th respondent is procuring clay from some other places and storing the same and utilising the clay so stored, is manufacturing the bricks. It is stated that he had excess stock of clay in 2008 and that he has already paid fine and royalty in respect of the excess stock. It is stated that he had obtained licence from the Panchayath and on its expiry, he has applied for its renewal and that the said application is pending. It is stated that it was in the meanwhile that the Village officer issued order dated 19/12/2008, produced herein as Exhibit P10, prohibiting the manufacturing activities in the unit. 3. Thus the 11th respondent in W.P(C) No. 38159/2008 and the petitioner in W.P(C) No. 38187 of 2008 have undertaken before this court that he is not mining clay and that in his manufacturing unit, he is utilising the clay procured entirely from outside. It is also stated that he intends to continue the manufacturing of brick utilising the existing stock of clay. 4. Thus, even according to the 11th respondent, he has not W.P.(C) Nos. 38159 & 38187 of 2008 3 undertaken any mining of clay. 5. Now that it is undertaken that he is not doing clay mining, it is directed that Village Officer and the RDO will ensure that the 11th respondent in WP(C) No.38519/2008 (petitioner in WP(C) No.38187 of 2008) does not undertake any clay mining. It is submitted by him that he has already got stock of clay and that the same should be allowed to be used for manufacturing of bricks. In order to take care of the apprehension of the petitioner in WP(C) No.38159 of 2008 that if he is permitted to utilise the clay, he may resort to clay mining, it is directed that the Geologist shall verify the stock available at the site maintained by the 11th respondent. Once that process is completed, the 11th respondent shall be allowed to resume the brick manufacturing activities subject to the obtaining Panchayath licence. 6. It is made clear that the 11th respondent will not be permitted to undertake any clay mining and that it will be the responsibility of the Village Officer and RDO to ensure that the undertaking given to this Court is honoured. In case, the petitioner in WP(C) No.38519/2008 commits any such acts, it will be open to the W.P.(C) Nos. 38159 & 38187 of 2008 4 RDO and Village officer, in which case, appropriate action shall be taken without any delay. Taking into account the submission made by the learned counsel for the 11th respondent that his application for renewal of licence is still pending, it is directed that if the application for renewal of licence is pending consideration of the Panchayat, the Panchayat shall consider and pass orders therein as expeditiously as possible, at any rate, within two weeks of production of copy of this judgment ANTONY DOMINIC, JUDGE scm