The court upheld the Geologist's order limiting excavation to a specified area, emphasizing compliance with safety regulations and the need to prevent unauthorized blasting operations.

JUDGMENT :

C. JAYACHANDRAN, J.

The writ petition first above referred is preferred by the petitioners, who are residing near to 90 cents of land which belongs to respondents 3 to 5. Respondents 3 and 4 are husband and wife and the 5^th respondent, their son. Respondents 3 to 5 have obtained a building permit from the 2^nd respondent - Panchayat for construction of an additional residence in the said 90 cents of land. As per Rule 106 of the Kerala Minor Mineral Concession Rules, 2015, respondents 3 to 5 are not in need of any specific permit, which fact is decipherable from the document issued by the Geologist, produced at Ext.P4 in the connected Writ Petition (Civil) No.13138 of 2024.

2. The grievance of the petitioners in the first writ petition is that under the guise of excavation of rock by using chemicals, respondents 3 to 5 are conducting blasting operations in the said 90 cents of land, which had caused damage to the residential building of the petitioners, which is located only 10 metres away from the place where blasting takes place. The petitioners preferred Ext.P2 complaint before the 1^st respondent-Geologist. An inspection was conducted by the Village Officer concerned, who found that there are three residential buildings within a circumference of 50 metres. The Village Officer also found equipments of blasting, of the make Hitachi in the premises. Thereafter, an inspection was conducted by the 1^st respondent- Geologist, pursuant to which Ext.P5 stop memo was issued, on the strength of a finding that sale of granite stones was effected unauthorizedly by respondents 3 to 5.

3. Respondents 3 and 4 in W.P.(C) No.5639 of 2024 are the petitioners in W.P.(C) No.13138 of 2024. The second writ petition was filed challenging the original show cause notice issued by the respondent-Geologist. It may be stated that, in the meantime, the petitioners in the second writ petition approached this Court as against Ext.P5 stop memo, which culminated in Ext.P7 judgment, as per which, petitioners’ representation was directed to be considered within a period of four weeks by the Geologist. Accordingly, the same was considered and Ext.P8 order was passed. As per Ext.P8, the petitioners in W.P.(C)No.13138 of 2024 were directed to identify and demarcate the specific area for the purpose of construction of building, so as to confine the excavation operations to that area. The area which is to be so demarcated is 3.862 Ares. The petitioners in the first writ petition preferred Ext.P9 representation before the Geologist and Ext.P10 representation before the Panchayat, as against Ext.P8 (Ext.P9 in the second writ petition) order of the Geologist. The petitioners in the second writ petition challenges Ext.P8 order.

4. Heard the learned counsel for the petitioners in both the writ petitions, the learned Government Pleader on behalf of the official respondents and the learned Standing Counsel for the respondent- Panchayat. Perused the records, including the counter affidavit filed by respondents 3 to 5 in the writ petition first above referred.

5. It is most disquieting to note that taking advantage of the provisions under Rule 106 of the Kerala Minor Mineral Concession Rules , it has become a general practice to excavate minerals and soil from a vast area under the ownership of the person, who applies for an exemption under Rule 106. Rule 106 of the Kerala Minor Mineral Concession Rules is extracted here below:

“106. Extraction of minerals for special purposes.-- (1) In any case or class of cases such as construction of common facilities or residential building where extraction of minor mineral is inevitable as a part of the work, the person doing such work may be exempted from obtaining quarrying permit/lease under these rules: [Provided that before extraction of minor minerals, the person concerned shall intimate the competent authority his intention to carry out the works to be performed along with detailed proposal for excavation/ use /transportation