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2015 Supreme(Ker) 176

ASHOK BHUSHAN, A.M.SHAFFIQUE
All Kerala River Protection Council, Represented by its General Secretary Prof. S. Seetharaman – Appellant
Versus
State of Kerala Represented by its Principal Secretary, Secretariat Industries (A) Department Thiruvananthapuram – Respondent


Advocates Appeared:
P.B. Sahasranaman, T.S. Harikumar, K. Jagadeesh, K.P. Dandapani, Advocate General, C.S. Manilal, Senior Government Pleader, S. Sreekumar, P. Ravindran, K. Ramakumar, Sr, Advocates, P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, Babu Joseph Kuruvathazha, B. Premnath (E), George Poonthottam, Saritha Thomas, Jobi Jose Kondody, P. Haridas, S. Sikky, P.C. Shijin, Sreedhar Ravindran, S.M. Prasanth, C. Dinesh, Asha Babu, G. Renjith, Ammu Charles, Jinnu Sara George, Bechu Kurian Thomas, Advocates.

Judgment

Ashok Bhushan, J.

1. This bunch of Writ Petitions raises important issues relating to mining/quarrying in the State of Kerala. The issues have assumed more importance due to competing claim between the development by over exploitation of natural resources and protection of natural resources. Saving the environment and ecology is not only the fundamental duty of every citizen but it is also the obligation of every State. Writ Petitions listed before us consist of Writ Petitions filed as Public Interest Litigations, Police Protection Cases and Writ Petitions filed by and against quarry owners. Learned Single Judges while hearing a few of these Writ Petitions have also made reference to Division Bench for authoritative pronouncement on different environmental issues.

2. All the Writ Petitions and one Writ Appeal can be divided into the following five groups:

(I) Writ Petitions filed as Public Interest Litigations raising issues of unauthorized functioning of quarries in violation of the decision in Deepak Kumar and Others v. State of Haryana and Others, (2012) 4 SCC 629 and in viola































































































































































































































































































































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