IMPORTANT POINT
The court ruled that quarrying permits issued without valid Environmental Clearance are invalid, emphasizing that all excavation activities must comply with Environmental Protection Act requirements.

JUDGMENT :

T.R. RAVI, J.

W.P.(C)No.12684 of 2024 has been filed with the following prayers :-

“i. Issue a Writ of certiorari or any other appropriate writ or order quashing Exhibits P1, P2, P3, P4 and P5, in the light of the law declared by the Hon’ble Supreme Court in Ext.P8 judgment ;

ii. Declare that Exhibit P1 to P5 permits issued to respondents 4 to 8 are non est and void in law, as they have no valid EC, in the light of Ext.P8 judgment of the Hon’ble Supreme Court ;

iii. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to conduct a detailed enquiry and assessment pertaining to the quarrying/mining done by respondents 4 to 8 under the guise of the Ext.P1 to P5 permits and appropriate actions should be initiated against the erring respondents 4 to 8 for the excessive and illegal mining done by them;

iv. Petitioners also pray that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language ;

v. Grant such other reliefs which this Hon’ble Court may deem just and proper to be granted on the facts and circumstances of this case”.

2. W.P.(C) No.13596 of 2024 has been filed with the following prayers :-

“i. To issue a Writ of certiorari quashing Ext.P1 in the light of the law declared by the Hon’ble Supreme Court in Ext.P4 judgment ;

ii. To issue a declaration that Ext.P1 permit issued to the 8^th respondent is non est and void in law, as they have no valid EC in the light of Ext.P4 judgment of the Hon’ble Supreme Court ;

iii. Grant such other reliefs as this Hon’ble Court may deem just and proper in the interest of justice, including costs”.

3. W.P.(C) No.32704 of 2024 has been filed with the following prayers :-

“i. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 7 to ensure that no sort of excavation/mining/ quarrying of ordinary earth or any activities relating thereto is permitted to be commenced or continued by respondents 8 to 14 in the properties comprised in — (a) Property of Sri. Paul Jacob (R9) - admeasuring 2.28 acres (92.27 ares) comprised in Sy.No.969/4 and 969/9A-3 having TP No.3477 of Memmury Village, Pampakuda Kara, Ernakulam District located13 in Ward No.2 of Pampakuda Grama Panchayath; (b) Property of Sri. Paul Jacob (R9) & Smt. Mary Paul (R10) - admeasuring 3.24 acres (1.31.22 hectares) comprised in Sy.No.962/1-2-2, 962/1-3-3, 962/1-1- 2, 962/1-2-2-2, having TP No.10645 and 10681 of Memmury Village, Pampakuda Kara, Ernakulam District located in Ward No.3 of Pampakuda Grama Panchayath; (c) Property of Smt. Thankamma Abraham (R11), admeasuring 2.24 acres (94.69 ares) comprised in Sy.No.594/1-3 of Onakkoor Village, Piramadom Kara, Ernakulam District located in Ward No.4 of Pampakuda Grama Panchayath; (d) Property of Smt. Leelamma Paulose (R12), admeasuring 2.23 acres (94.29 ares) comprised in Sy.No.594/1-3-2 of Onakkoor Village, Piramadom Kara, Ernakulam District located in Ward No.4 of Pampakuda Grama Panchayath; (e) Property of Smt. Ammini George (R13), admeasuring 2.23 acres (94.29 ares) comprised in Sy.No.594/1-3-4 of Onakkoor Village, Piramadom Kara, Ernakulam District located in Ward No.4 of Pampakuda Grama Panchayath; and (f) Property of Smt. Alice Baby (R14), admeasuring 2 acres (80.94 ares) comprised in Sy.No.594/1-3-3 of Onakkoor Village, Piramadom Kara, Ernakulam District located in Ward No.4 of Pampakuda Grama Panchayath; without a valid Environmental Clearance from the SEIAA (R1), in the light of Ext.P10 judgment and Ext.P11 order of the Hon’ble Supreme Court ;

ii. Declare that no sort of excavation/mining/quarrying of ordinary earth or any activities relating thereto can be undertaken/commenced or continued in the properties comprised in — (a) Property of Sri. Paul Jacob (R9) - admeasuring 2.28 acres (92.27 ares) comprised in Sy.No.969/4 and 969/9A- 3 having TP No.3477 of Memmury Village, Pampakuda Kara, Ernakulam District located in Ward N