The Competent Authority among respondents shall take appropriate action in accordance with the law if there is any illegal quarrying.

JUDGMENT

The above writ petition is filed with following reliefs:-

I. Quash Exhibit P-33 environmental clearance granted to the 2nd respondent by the issue of a writ of certiorari or such other writ or order of direction II. Direct respondent 1 to 3 to consider Exhibit P-34 and take immediate action by cancelling the environmental clearance by the issue a writ of mandamus of such other writ or order or direction.

III. Direct respondent 1 to 11 to take immediate steps to stop the functioning of the quarry operated by the 12th respondent in 3.2026 hectors situated in Survey Nos.160/4, 160/5, 161/7, 161/8-1, 161/8-2, 161/8-5, 160/1, 160/1-1, 160/1-2, 160/1-3, 160/1- 4, 160/2, 160/6, 160/1-3, and 160/7 of Thottappuzhasseri village in violation of all the consent and permits given by the authorities including Exhibit P-33 by the issue a writ of mandamus of such other writ or order or direction.

2. Heard the learned Counsel for the petitioner, the learned Government Pleader and the Counsel appearing for the 12th respondent.

3. When this writ petition came up for consideration on

18.12.2015 this Court passed the following order:- “Urgent notice by speed post to respondents 10 and 12. Learned Government Pleader takes notice for the respondents 1,2,4,6 to 9 and 11. Learned Central Government Counsel takes notice for the third respondent. Learned Standing Counsel takes notice for the fifth respondent.

2. There shall be a direction to the eight respondent to find out whether any quarrying operation is being carried out by the seventh respondent in any puramboke land. If any quarrying operation is being carried out in puramboke land, necessary action shall be taken to stop the same and report before this Court. Post on 06.01.2016”

Subsequently, when this case came up on 06.01.2016, this Court passed the following order:-

“Interim order dated 18.12.2015 is clarified. The direction therein is to the 12th respondent. The reference made to the seventh respondent is therefore corrected”.

4. Today when the matter came up for consideration, the Counsel for the 12th respondent submits that Ext.P2 lease is expiring on 01.04.2024. In the light of the above submission, the writ petition need not be retrained here.

Therefore, the writ petition is closed, recording the order dated 18.12.2015 & 06.01.2016. I make it clear that if there is any illegal quarrying, the Competent Authority among respondents shall take appropriate action in accordance with law.

Sd/-

P.V. KUNHIKRISHNAN JUDGE

S.M.K.

APPENDIX PETITIONER’s EXHIBITS EXHIBIT P1 COPY OF THE QUARRYING PERMIT DATED 31.12.2008 EXHIBIT P2 COPY OF THE QUARRYING PERMIT DATED 02.04.2012 EXHIBIT P3 COPY OF THE CONSENT LETTER DATED 30.06.2015 EXHIBIT P4 COPY OF THE CONSENT LETTER DATED 30.12.2013 EXHIBIT P5 COPY OF THE CONSENT LETTER DATED 12.11.2012 EXHIBIT P6 COPY OF THE EXPLOSIVE LICENSE DATED 18.03.2014 EXHIBIT P7 COPY OF THE LETTER OF THE VILLAGE OFFICER UNDER RTI ACT DT.10.03.2015 EXHIBIT P8 COPY OF THE PURAMBOKE REGISTER DATED NIL.

EXHIBIT P9 COPY OF THE LETTER OF SURVEY DEPUTY DIRECTOR UNDER RTI ACT DATED 30.05.2015 EXHIBIT P10 COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED

22.05.1999 EXHIBIT P11 COPY OF THE COMPLAINT OF THE PETITIONER DATED

17.06.2015 EXHIBIT P12 COPY OF THE COMPLAINT OF THE PETITIONER DATED

29.05.2015 EXHIBIT P13 COPY OF THE COMPLAINT OF THE PETITIONER DATED

16.02.2015 EXHIBIT P14 COPY OF THE COMPLAINT OF THE PETITIONER DATED

22.05.2015 EXHIBIT P15 COPY OF THE REPORT OF THE VILLAGE OFFICER DATED

05.03.2015 EXHIBIT P16 COPY OF THE MASS COMPLAINT DATED 30.03.2015 EXHIBIT P17 COPY OF THE COMPLAINT OF THE PETITIONER DATED

24.03.2015 EXHIBIT P18 COPY OF THE MINUTES OF THE HEARING DATED 30.03.2015 EXHIBIT P19 COPY OF THE COMPLAINT OF THE PETITIONER DATED

29.05.2015 EXHIBIT P20 COPY OF THE PAPER REPORT DATED 16.06.2015 EXHIBIT P21 COPY OF THE PAPER REPORT DATED 10.06.2015 EXHIBIT P22 COPY OF THE PAPER REPORT DATED 16.06.2015 EXHIBIT P23 COPY OF THE PHOTOGRAPH DATED NIL. EXHIBIT P24 COPY OF THE PHOTOGRAPH DAT