IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WP(C) NO. 11052 OF 2014 PETITIONER:

SIJO THARAKAN THARAKAN HOUSE, PANNISSERI P.O., KOONAMOOCHI, THRISSUR.

BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THE DISTRICT COLLECTOR COLLECTORATE, THRISSUR - 680001.

3 THE REVENUE DIVISIONAL OFFICER CIVIL STATION, THRISSUR- 680001.

4 THE SENIOR GEOLOGIST DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY, MINI CIVIL STATION, CHEMBUKAVU, THRISSUR - 20

5 ADDITIONAL THAHASILDAR THALAPPILLY, THRISSUR - 680001.

6 KANDANASSERY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KANDANASSERY GRAMA PANCHAYATH OFFICE, P.O.MATTOM, THRISSUR - 680 602.

7 THE CIRCLE INSPECTOR OF POLICE GURUVAYOOR POLICE STATION, GURUVAYOOR, THRISSUR- 680001.

8 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 6TH FLOOR, SUN TOWER, EAST FORT P.O., THRISSUR - 680 005.

9 JOHNSON C.O.

CHIRAYATH VEEDU, MATTOM P.O., THRISSUR - 680 602.

10 SIMSON C.D.

CHOVALLOOR VEEDU, MATTOM P.O., THRISSUR - 680 602. 11 RAGHAVAN P.P.

PULLANIPARAMBATH VEEDU, NAMBAZHIKADU, MATTOM P.O., THRISSUR - 680 602.

12 ANIL C.G.

CHOONDAPURAKKAL VEEDU, CHEMMANNOOR P.O., THRISSUR - 680 602.

13 JOJU T.A.

THARAKAN HOUSE, KOONAMUCHI, THRISSUR, THRISSUR - 680 602.

14 ADDL.R14.JOSHY MELAYIL T.A.

THARAKAN HOUSE, KOONAMMUCHI P.O., THRISSUR, PIN-680504.

15 ADDL.R15.JOBY T.A.

THARAKAN HOUSE, KOONAMMUCHI P.O., THRISSUR, PIN-680504. * ARE IMPLEADED AS PER ORDER DATED 14.01.2015 IN I.A.NO.16040/2014.

16 ADDL.R16.SRI.P.D.DIDEESH PULLANIPARAMBATH VEEDU, ELAVALLY, THRISSUR.

17 ADDL.R17.SRI.FREDDY E.YONNI CHIRAMEL PADINJARATHALA VEEDU, CHEMUKKAVU, THRISSUR.

18 ADDL.R18.EXECUTIVE ENGINEER IRRIGATION DIVISION, THRISSUR.

19 ADDL.R19.

SUB INSPECTOR OF POLICE, PAVARATTY. * ARE IMPLEADED AS PER ORDER DATED 23.02.2016 IN I.A.NO.1974/2016.

20 ADDL.R20.SMT.MARGARET MANI KAKKASSERY HOUSE, P.O. VAKA, ELAVALLY, THRISSUR -680511

21 ADDL.R21. ELAVALLY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ELAVALLY GRAMA PANCHAYATH OFFICE, THRISSUR, PIN-680511. *

ARE IMPLEADED AS ADDL.R20 & ADDL.R21 AS PER ORDER DATED 27.11.2023 IN I.A.NO.1/23.

BY ADVS.

SRI.DEEPU THANKAN T.RAJASEKHARAN NAIR GANGESH K B G.KRISHNAKUMAR SMT.O.A.NURIYA SRI.T.M.RAMAN KARTHA SRI. T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD SRI. BIJOY CHANDRAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

------------------------------ W.P.(C)No. 11052 of 2014 ----------------------------------------------

Dated this the 06^th day of February, 2024

JUDGMENT

The above Writ petition is filed with the following prayers:

“I. To issue a writ of mandamus or other appropriate writ or order or direction, directing the respondents 1 to 8 to take immediate steps to stop the illegal and unauthorized mining of red soil, ordinary earth, laterite stone and quarrying operations in the area of Kandanseery and Choondal Panchayat with immediate effect.

II. To issue a writ of mandamus or other appropriate writ or order or direction, directing the 2^nd respondent to submit a report before this Honorable Court with regards to the fact that if any consent or any permit has been given by the competent authorities to the respondents 9 to 13 for mining and quarrying operations being done by them in that area.

III. To issue a writ of mandamus or other appropriate writ or order or direction, directing the respondents 1 to 8 to take immediate prosecution steps as against the respondents 9 to 13 in accordance with the penal law for their illegal and unauthorized mining and quarrying activities and it causes huge loss to the Government.

IV. Issue such other orders or direction as this Honorable Court may think fit and proper in the circumstances of the case.”

2. Petitioner is a permanent residen