IMPORTANT POINTS
A quarry owner is directed to obtain an Environmental Clearance, as is evident from the catena of judgments of the Hon’ble Supreme Court and of this Court, to ensure that their activities do not cause any detriment to the environment, nature and as also to the people living around it; and as long as the petitioners are in possession of such a valid clearance, it will not be possible for the Panchayat to unilaterally maintain that, notwithstanding it, their activities cause severe pollution or such other.

JUDGMENT :

1. The petitioners in these cases, which are being considered together, on account of the analogous circumstances and facts presented, claim to be the persons operating granite quarries, on the strength of all licences and consents-including necessary Environmental Clearance obtained from the competent Authority.

2. The petitioners impugn the stop memos issued by the Panangad Grama Panchayat, as per which, they have been directed to stop the quarry operations solely for the reason that they have received certain complaints from neighboring property owners. The petitioners say that, going by a Full Bench Judgment of this Court in Tommy Thomas v. State of Kerala, 2019 (3) KLT 987 (F.B.), the Panchayat does not obtain any jurisdiction or competence to issue the stop memo and therefore, that these Writ Petitions be allowed.

3. When these matters were considered on 15.10.2015, I have directed the learned Government Pleader to obtain specific instructions as to whether the petitioners in these cases are in possession of all necessary licences and consents. The learned Government Pleader today affirms that the petitioners have obtained the Environmental Clearance and all other necessary permissions and therefore that, normally, in law, they cannot be interdicted from operating their quarries. He then adds that, since the quarries are being operated within a distance of ten kilometres from the Malabar Wild Life Sanctuary, the competent Authorities have sought clarifications from the Wild Life Warden Civil Station, Kozhikode and that the same is awaited. He says that, however, as of now there is no interdiction from the competent Authorities against the operation of the quarries.

4. Sri.M.P.Sreekrishnan-learned Standing Counsel appearing for the State Environment Impact Assessment Authority, submits that Environmental Clearance has been issued by the erstwhile District Environment Impact Assessment Authority and therefore, that if anybody wants to challenge the same, they will have to approach the National Green Tribunal. He says that, as of now, since the petitioners appear to be operating under all valid consents and licences, including the Environmental Clearance, he does not have anything further to comment except that the official Authorities must ensure that all the terms of the Environmental Clearance are complied with by the petitioners without any violation.

5. The learned Standing Counsel appearing for the Panchayat, vehemently submitted that even if the petitioners have all the licences and consents, the Panchayat has the competence to stop them from quarrying, if it is found that their activities cause unbearable pollution and nuisance to the neighboring property owners. He relies on Section 223 (Section 233A) (sic) of Kerala Panchayat Raj Act in substantiation of this, but is unable to inform this Court, to the pointed question as whether any such investigation was done and any decision contrary to the petitioners’ interest has been arrived at. She, however, submits since the complaints from the neighboring properties owners are still pending; and therefore prays that the sop memos, impugned in these Writ Petitions, may not be interdicted. She adds that the Grama Sabha attached to the Panchayat already passed a resolution to close down the activities of the petitioners and therefore, prays that this Court may not allow the petitioners to conduct quarrying operations any further.

6. Even when I hear the learned Standing Counsel for the Panchayat on the afore lines, the fact remains that going by the Full Bench judgment of this Court in Tommy Thomas (supra) the contours of the power to be exercised by the Panchayat in such matters are clearly delineated. They cannot unilaterally issue an order stopping legal activities, even when it is conceded that the petitioners have all the necessary licences, including the Environmental Clearance. A quarry owner is directed to obtain an Environmental Clearance, as is evident from t