Ashok Bhushan, C.J.

This Writ Petition filed as a public interest litigation prays for stopping of illegal mining operations being conducted by respondents 11 to 17, who without there being any valid permits are continuing with the mining operations affecting environment and ecology.

2. The first petitioner is a registered association registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. The 2nd petitioner is a member of the 1st petitioner and a local resident. Petitioners' case in the Writ Petition is that unauthorised and illegal mining operations are being conducted by the private respondents causing rampant damage to environment, houses and properties of the local residents. Mambra area in Parakkadavu Panchayat in Ernakulam District is a thickly populated area where unauthorised mining operations are being done for years in blatant violation of law. The statutory authorities turned blind eyes to this illegality. Referring to the judgment of the Apex Court in Deepak Kumar and Others v. State of Haryana & Others ([2012] 4 SCC 629) and the order issued by the Government of India on 18.05.2012 it is stated that no mining activities after the aforesaid judgment and order are permissible without obtaining environmental clearance. State Government has issued an illegal Government Order on 10.01.2014 exempting certain quarries from the requirement of environmental clearance till 09.01.2015. The 5th respondent issued permits in the year 2014 to respondents 11 to 17 to carry on mining operations without securing environmental clearance and without there being any approved mining plan. It is submitted that provisions of the Mines Act, 1952 and Metalliferous Mines Regulations, 1961 (hereinafter referred to as "the 1961 Regulations") are also required to be followed by the private respondents and other persons who are carrying on mining operations. Detailed representations have been submitted by the petitioners. An earlier Writ Petition No.12942 of 2012 was filed by the petitioners challenging the illegal conduct of mining operations which petition was disposed of. After the judgment of this Court, the 5th respondent considered the issue and finding that no further quarrying is possible directed the respondents to stop all the operations in Sy.Nos.168/3, 4, 5 of Parakkadavu Village. However, the 11th respondent again managed to secure an order from the Government and fresh permit was given in the year 2014. Private respondents are also violating the provisions of the Mines Act and the 1961 Regulations. Huge pits about 500 ft depth without Benches are being created which causes perpetual threat to human life. The private respondents have not secured permission to use machinery under Section 233 of the Panchayat Raj Act, 1994. Blasting and firing are done within the dangerous zone of 300 metres. Without obtaining environmental clearance on the basis of the permits granted in the year 2014 the private respondents are carrying mining operations. Petitioners have also challenged the first proviso to Rule 12 of Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as "the 2015 Rules") as it being unconstitutional and ultra vires in so far as it exempt operations of quarry from 09.01.2015 from the requirement of environmental clearance on renewal of permits. Petitioners also rely on the Division Bench judgment in All Kerala River Protection Council v. State of Kerala (2015 (3) KLT 78) where law was laid down that without environmental clearance no mining operations can be carried on after 18.05.2012. Petitioners on the aforesaid pleadings have prayed for the following reliefs:

"i) To issue a writ of mandamus declaring that Exts.P3 to P9 are not valid permits issued in terms of law and that they are not conferring any rights on respondent Nos.11 to 17 either to do mining or to get them renewed, without securing Environmental Clearance.

ii) To issue a writ, order or direction comman