The Kerala Minor Mineral Concession Rules, 2015 require quarry pits to be filled and secured to avoid accidents, and the petitioner is legally bound to protect the water-logged pits.

This writ petition is filed seeking the following reliefs:

“i) A writ of certiorari or any other appropriate writ or order quashing Exhibit-P7;

ii) Pass orders declaring that no permission from the revenue authorities is required for filling the pit created by quarrying rock;

iii) A writ of mandamus or any other appropriate writ, order or direction, directing respondents to issue necessary permission to fill the pit created by blasting rock in petitioner's property, if necessary;

And iv) Such other reliefs this Honourable Court deems fit and proper to grant in the facts and circumstances of the case.”[SIC]

2. A counter affidavit is filed by the 1st respondent. The relevant portion of the counter affidavit is extracted hereunder:

“6.

It is submitted that the petitioner has not approached the office of the 1st respondent in terms of filling the quarry pits. The Kerala Minor Mineral Concession Rules, 2015 stipulates that the quarry pits to be filled with the unusable materials kept for the purpose, as per the provisions of an approved mining plan. As stated earlier, the pits are 2 to 3 metres in depth and are water logged and hence it is to be secured to avoid any untoward incidents. The petitioner is legally bound to protect the water logged pits by fencing property. The State Human Rights Commission has also directed to this effect to avoid any water prone accidents. In this case quarrying permit is required to extract and bring soil from other areas for the filling purpose. There is no top soil or other material stacked in the area available for the purpose of filling the pits.

Exhibit P9 is invalid as the Kerala Minor Mineral Concession Rules are amended.

7. It is submitted that the 1st respondent is not in the way of the petitioner in protecting the water logged area as per the rules and provisions. The petitioner has to protect the water logged quarry pits to avoid any accidents.”

3. In the light of the same, the petitioner has to W.P.(C) No.13479 of 2017 do the needful in accordance with the law.

With the above observation, this Writ petition is disposed of.