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2021 Supreme(Ker) 429

BECHU KURIAN THOMAS, K.BABU
K. T. Varghese, S/o. K. V. Thoman – Appellant
Versus
M. O. Paul, S/o. M. P. Ouseph – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ABDUL JAWAD K., SMT.A.GRANCY JOSE
For the Respondent: SRI.S.GOPINADHAN, SURIN GEORGE IPE, BABU S.NAIR

JUDGMENT :

Bechu Kurian Thomas, J.

The quarrying operations carried on by the 7th respondent were challenged by the appellants. The learned Single Judge rejected the challenge, against which this appeal is preferred.

2. Challenges raised in the writ petition were under three heads. They were (i) the lease had lapsed on account of the failure of the lessee to operate the quarry within the time prescribed under the Rules, (ii) the conduct of quarrying operations without an environmental clearance certificate was impermissible, and (iii) written permission from the Kerala Water Authority, had not been obtained. As mentioned above, by the impugned judgment, the learned Single Judge rejected all the aforesaid contentions, resulting in this appeal.

3. It was pleaded in the writ petition as well as in this appeal that the 3rd appellant is an association formed to consolidate and strengthen the agitation against illegal mining and that the individual appellants are locals who are affected by the mining activities. It was stated that a lease was issued in favour of one Sri.Joemon Joseph in the year 2011 by ignoring the objections and objectionable structures within the vicinity. After the death

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