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2021 Supreme(Online)(KER) 20664
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.33196 OF 2009(S)
PETITIONER:
G.BHAGAVATH SINGH, THANDALATHU, VADAKKATHIL, PONMANA.P.O, CHAVARA,, KOLLAM DISTRICT, NOW RESIDING AT KIDAKODE VEEDU, ADINADU SOUTH, KATTILAKADAVU.P.O,, KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.MATHEW SUNNY SRI.P.MOHANDAS (ERNAKULAM)
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY THE SECRETRY, DEPARTMENT OF MINES,, SASTRI BHAVAN, NEW DELHI.
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES (A), DEPARTMENT, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.
3 THE DIRECTOR OF MINING AND GEOLOGY THIRUVANANTHAPURAM.
4 THE DISTRICT COLLECTOR KOLLAM.
5 KERALA MINERALS METALS LTD.
(KMML IN SHORT), CHAVARA, KOLLAM DISTRICT,, REPRESENTED BY ITS MANAGING DIRECTOR.
6 INDIAN RARE EARTHS LTD.
CHVARA, KOLLAM DISTRICT., REPRESENTED BY ITS MANAGING DIRECTOR.
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R1 BY ADV. SRI.K.ANAND A.201 R1, R6 BY ADV. SRI.P.BENNY THOMAS R1 BY ADV. SRI.P.PARAMESWARAN NAIRASST.SOLICITOR R1 BY ADV. SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI R1 BY ASSISTANT SOLICITOR GENERAL R1-4 BY GOVERNMENT PLEADER R1 BY ADV. SRI.K.JOHN MATHAI R1 BY ADV. SRI.B.S.KRISHNAN SR. R1 BY ADV. SRI.E.K.NANDAKUMAR R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAISCCOCHI U R1 BY ADV. SRI.P.M.A.KALAM, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY R1, R5 BY SMT.LATHA ANAND, SC, KERALA MINERALS AND METALS LIMITED R5 BY ADV. SRI.K.ANAND (A-1921)
R6 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
SRI. JAGADEESH LAKSHMAN, CGC FOR ASGI SMT. LATHA ANAND (SC)
SRI. GOPIKRISHNAN NAMBIAR, (SC)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2021, ALONG WITH WP(C).23869/2018(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.23869 OF 2018 PETITIONER/S:
DR. T.K.SELVARAJ THEMPATH HOUSE, PONMANA P.O., CHAVARA, KOLLAM DISTRICT.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.S.K.ADHITHYAN SRI.P.MOHANDAS (ERNAKULAM)
SHRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINES, SASTRI BHAVAN, NEW DELHI – 110 001.
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
3 THE DIRECTOR OF MINING AND GEOLOGY VAZHUTHACAUD, THIRUVANANTHAPURAM – 695 024.
4 THE DISTRICT COLLECTOR CIVIL STATION, KOLLAM – 691 001.
5 KERALA MINERALS METALS LTD. (KMML IN SHORT)
CHAVARA, KOLLAM DISTRICT, PIN – 691 583, REPRESENTED BY ITS MANAGING DIRECTOR.
6 INDIAN RATE EARTHS LTD.
CHAVARA, KOLLAM DISTRICT, PIN - 691583, REPRESENTED BY ITS MANAGING DIRECTOR.
7 THE SECRETARY, PANMANA GRAMA PANCHAYAT, EDAPPALLYKOTTA P.O., CHAVARA, KOLLAM – 691 583.
8 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, PATTOM, THIRUVANANTHAPURAM – 695 004.
R1 BY ASSISTANT SOLICITOR GENERAL R1, R7 BY ADV. SRI.M.R.JAYAPRASAD R2-4 BY GOVERNMENT PLEADER R5 BY ADV. M.N. RADHAKRISHNAN R5 BY SMT.LATHA ANAND, SC R6 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R6 BY ADV. SRI.K.JOHN MATHAI R6 BY ADV. SRI.JOSON MANAVALAN R6 BY ADV. SRI.KURYAN THOMAS R6 BY ADV. SRI.PAULOSE C. ABRAHAM R6 BY ADV. SRI.JAI MOHAN R7 BY ADV. SRI.V.H.AANCIL R8 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI. JAGADEESH LAKSHMAN, CGC (FOR ASG)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).33196/2009(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Dated this the 9th day of March, 2021.
['DR K P SATHEESAN SR', '', 'SRI S K ADHITHYAN', 'SRI P MOHANDAS ERNAKULAM', 'SRI MUHAMMED IBRAHIM ABDUL SAMAD', 'SRI SABU PULLAN', 'SRI K SUDHINKUMAR', 'SRI S VIBHEESHANAN', 'ASSISTANT SOLICITOR GENERAL', '', 'SRI M R JAYAPRASAD', 'GOVERNMENT PLEADER', 'M N RADHAKRISHNAN', 'SMT LATHA ANAND', 'SRI M GOPIKRISHNAN NAMBIAR', 'SRI K JOHN MATHAISRI JOSON MANAVALANSRI KURYAN THOMASSRI PAULOSE C ABRAHAMSRI JAI MOHAN', 'SRI V H AANCIL', 'SRI T NAVEEN SC', 'KERALA STATE POLLUTION CONTROL BOARD']
JUDGMENT
SHAJI P. CHALY, J.
The captioned writ petitions are filed as Public Interest Litigations aggrieved by the alleged illegal sand mining by respondents 5 and 6 in violation of the licence issued under the Mines and Minerals (Development & Regulation) Act, 1957 ('Act, 1957' for brevity) and the statutory rules affecting the entire people of Ward No. 19 of Panmana Grama Panchayat and creating ecological imbalance.
2. According to the petitioners, as per the Act, 1957, respondents 5 and 6 are bound to fill back the mined area with the waste sand after separation of minerals with a view to restore the lands to its original form and they should undertake the rehabilitation and restoration of the land affected; but, respondents 5 and 6, in total disregard to the statutory provisions and the licence conditions, are doing surface mining operations. As a result, the sea has encroached and more than 50% of the Panmana ward is now under sea and there is every possibility of mixing the sea water with the Travancore State Canal as the distance between the two is now less than 10 mtrs.
Hence the writ petitions.
3. The petitioner in W.P.(C) No. 23869/2018 has filed the writ petition seeking the following reliefs:
1. To issue a writ of mandamus or order or direction to the respondents 5 and 6 to restore or rehabilitate the land in the area of mining of mineral sand in Ward No. 19 of Panmana Grama Panchayat by backfilling the land with the waste sand;
2. To issue a writ of mandamus or order or direction to respondents
5 and 6 to adopt sufficient measures for removing the complete monazite from the refined sand and adopt sufficient precautions to avoid the radiation resulting from the said mineral.
3. To issue a writ of mandamus or order or direction to the respondents 5 and 6 to carry out deep sea mining instead of beach wash so that the encroachment of sea to the neighbouring properties are prevented.
4. To issue a writ of mandamus or order or direction to the respondents 5 and 6 to implement the recommendation made in Ext. P3 experts report.
5. To issue a writ of mandamus or order or direction to the respondents 5 and 6 not to continue with the mining operations unless and until a safety sea wall is constructed and carry out the mining only as deep sea mining.
6. To issue a writ of mandamus or order or direction to the respondents 4 and 7 to see that the mining operations are done by the respondents 5 and 6 in accordance with the statutory rules and also as per the licence conditions and also to see that no effluent from the Company are allowed to flow into the lake called 'Vattakayal', affecting the entire people of the locality.
4. The reliefs sought for in W.P.(C) No. 33196 of 2009 are as follows:
1. To issue a writ of mandamus or order or direction to respondents
5 and 6 to restore or rehabilitate the land in the area of mining of mineral sand in Ward No. 19 of Panmana Grama Panchayat by backfilling the land with the waste sand;
2. To issue a writ of mandamus or order or direction to the respondents 5 and 6 to implement the recommendation made in Ext. P3 experts report.
3. To issue a writ of mandamus or order or direction to the respondents 5 and 6 not to continue with the mining operations unless and until safety sea wall is constructed and carry out the mining only as deep sea mining;
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4. To issue a writ of mandamus or order or direction to the 4 respondent to see that the mining operations are done by respondents 5 and 6 in accordance with the statutory rules and also as per the licence conditions.
5. Since the issue is common, both the cases are clubbed together and are disposed of through this common judgment. W.P.(C) No. 33196 of 2009 is taken as the leading case and the parties are referred to as in W.P.(C) No. 33196 of 2009.
6. The learned counsel for the petitioners contended that the safety of the people have to be taken into consideration while carrying out the mining operations and respondents 5 & 6 can construct sea walls and can do dee
