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2016 Supreme(Ker) 385

K.VINOD CHANDRAN
Joseph Mathew – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Rajan Vishnuraj and V. Harish.
For the Respondents:M.K. Damodaran, Sr. Advocate, N. James Koshy, M. Ajay, Georgekutty Mathew, Arun Krishna Dhan, Chinma Abraham, Anil Babu, P.M. Saneer, Sr. Government Pleader, Pramod Prabhakaran, C.G.C. and N. Nagaresh, Asst. Solicitor General of India.

JUDGMENT :

K. Vinod Chandran, J.

1. The constant struggle in today's world, between development and environment, is once more brought to focus in the instant Writ Petitions. Helpless citizens; neighboring residents of quarries, the existence of which is imperative for construction activities, the visible face of development; are the petitioners. They are concerned with the alarming damage caused to their property and buildings and assail the functioning of quarries as a complete nuisance to their lives and label them illegal to further buttress their case; by taking up the cause of environment protection too. In all the above Writ Petitions there was an interim order granted, staying the operation of the quarry, by the different party respondents in the three Writ Petitions. The first of such orders was issued in W.P.(C) No. 25153 of 2015 dated 14.09.2015, wherein a learned Single Judge noticed the Division Bench judgment of this Court in Najeeb M.K. v. Shoukath Ali (2015 (3) KLT 396) and interdicted the quarry operations carried on by the party respondent on the sole ground of the respondent having no Environmental Clearance [for brevity "EC"]. The very same learned Single Judge pas

























































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