IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 24^TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 33502 OF 2014 PETITIONER:

AMBILY, W/O LATE JAGADEESAN, AGED 46 YEARS, RESIDING AT MUKULAVILA VEEDU,KURUMALOOR,NEDUVATHOOR VILLAGE,KOTTARAKKARA.P.O.,KOLLAM DISTRICT, PIN – 691 506.

BY ADV SRI.N.UNNIKRISHNAN RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF ENVIRONMENT , FORESTS AND WILD LIFE, NEW DELHI-110 001.

2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA,REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

3 THE SECRETARY TO THE GOVERNMENT OF KERALA, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

4 THE SECRETARY TO THE GOVERNMENT OF KERALA LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

5 THE CHAIRMAN, POLLUTION CONTROL BOARD,THIRUVANANTHAPURAM-695 001.

6 THE DISTRICT OFFICER, POLLUTION CONTROL BOARD,THIRUVANANTHAPURAM-695 001.

7 THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM,THIRUVANANTHAPURAM-695 024.

8 THE DISTRICT GEOLOGIST, MINING & GEOLOGY DEPARTMENT,KOLLAM-691 001

9 THE DIRECTOR OF HEALTH, GENERAL HOSPITAL JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 001.

10 THE DISTRICT COLLECTOR, COLLECTORATE,KOLLAM-691 013.

11 THE DISTRICT MEDICAL OFFICER, KOLLAM-691 001.

12 THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA-691 506.

13 THE NEDUVATHOOR GRAMA PANCHAYATH, NEELESWARAM.P.O. KOLLAM-651 503.

14 THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA-691 506.

15 THE VILLAGE OFFICER NEDUVATHOOR VILLAGE, NEELESWARAM.P.O., KOTTARAKKARA(VIA), KOLLAM-651 505.

16 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,NEDUVATHOOR, NEELESWARAM.P.O., KOLLAM-

651 505.

17 SHRI.THULASEEDHARAN PILLAI, ASWATHY BHAVANANM, VALLAM, KOTTARAKKARA.P.O., KOLLAM DISTRICT,PIN-691 506.

18 SHRI.SUNDARAN CHAITHANYA,VALLOM, KOTTARAKKARA.P.O., KOLLAM DISTRICT-691 506.

19 SHRI.BIJU, CHANTHAVILA VEEDU,KOTTARAKKARA.P.O., KOLLAM DISTRICT-691 506.

BY ADVS.

SRI.B.MOHANLAL SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD SRI.VENUGOPAL V, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT This writ petition was filed by the petitioner being aggrieved by the quarrying operations carried out by respondents 17 to 19.

According to the petitioner, the quarrying operations were illegal.

2. When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for respondents 17 to 19 that no quarrying operations are being carried out by respondents 17 to 19.

Taking into consideration the above submission made by learned counsel appearing for respondents 17 to 19, this writ petition is closed, leaving open all contentions taken by the petitioner and reserving the liberty of the petitioner to file a fresh writ petition, if necessary.

Sd/-

GOPINATH P.

JUDGE DK APPENDIX OF WP(C) 33502/2014 PETITIONER EXHIBITS EXT.P1 A TRUE COPY OF THE SETTLEMENT DEED NO.1233/2001 OF KOTTARAKKARA PRINCIPAL SUB REGISTRY.

EXT.P2 A TRUE COPY OF THE LETTER NO.29/14 DATED

22/11/2014 ALONGWITH SKETCH PLAN ISSUED BY THE 15TH RESPONDENT.

EXT.P3 TRUE COPIES OF THE PHOTOGRAPHS SHOWING DEMAGES TO THE PETITIONER’S HOUSE EXT.P4 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 14/11/2014 ISSUED BY MEDICAL OFFICER, A.R.T. CLINIC OF MEDICAL COLLEGE.

EXT.P5 A TRUE COPY OF THE TREATMENT CERTIFICATE DATED 25/10/2014 ISSUED BY ASSOCIATE PROFESSOR, S.A.T HOSPITAL, THIRUVANANTHAPURAM.

EXT.P6 PHOTOGRAPHS SHOWING QUARRYING ACTIVITIES AND THE WATER LOGGED AREAS IN THE QUARRY.

EXT.P7 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE KERALA POLLUTION CONTROL BOARD.

EXT.P8 A TRUE COPY OF THE REPRESENTATION DATED

16/10/2014.

RESPONDENTS EXHIBITS ANNEXURE R6(A) TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE PCB TO THE 17TH RESPONDENT ANNEXURE R6(B) TRUE COPY OF THE LETTER DATED 24.05.2006 ISSUED BY THE VILLAGE OFFICE