JUDGMENT

Dated this the 25th day of August 2021 S.MANIKUMAR, C.J.

Being aggrieved by the functioning of the 10th respondent quarry in Irapuram Village of Kunnathunadu Taluk, instant writ petition is filed. On the averments Mrs.Aysha Youseff, learned counsel for the petitioners submitted that quarrying is done without complying with the conditions imposed in the lease order and the conditions in the consent issued by the Pollution Control Board. Quarrying lease granted to the 10th respondent earlier had expired on 4.4.1995. Later application submitted by the 10th respondent for granting quarrying lease was allowed as per Ext.P4 for ten years, which also expired in 2016. Moreover, crusher unit owned by the 10th respondent is being run without complying with the conditions in the consent issued by the Pollution Control Board and due to this, serious pollution has occurred resulting in health problems.

2. Learned counsel for the petitioners further contended that there is inaction on the part of the respondents 2 and 3 to conduct inspection as to whether the quantity extracted by the 10th respondent from the area covered by the quarrying lease deed and it is clearly, a dereliction of duty on their part. It is further submitted that though the 10th respondent had conducted quarrying after the expiry of the lease, he was again granted quarrying lease without taking any effective action against him for the illegal extraction after the expiry of the lease period. Another contention raised is that the 10th respondent has not obtained any clearance from the 4th respondent for conducting the quarrying operation. The next contention raised by learned counsel for the petitioners is that the respondents who are responsible and entrusted with the duties of environmental protection are not taking any action to stop the illegal mining operations and running of the crusher unit violating the law by polluting the air and water in the locality. Due to the excess extraction of granite indiscriminately the water level has been lowered and hence people in the locality are suffering from scarcity of water. According to the learned counsel, nuisance, pollution, ecological and environmental problems existing there due to the illegal quarrying has affected the constitutional rights of the people in that locality. The petitioners as well as other residents of the locality have taken up the matter to various authorities to redress their grievance, but nothing has been done in this regard. Hence this writ petition.

3. Reliefs sought for in this writ petition are as follows:

(i) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take immediate measures to stop the illegal quarrying operations done by the 10th respondent in the property involved in Ext.P1 violating the conditions in Ext.P4 and Ext.P5.

(ii) to issue any other writ, order or direction commanding the respondents 2 & 3 to inspect the area involved in Ext.P4 and Ext.P5 so as to ascertain exact quantity of granite extracted from there and also as to whether there is violation in the conditions in Ext.P4 and P5 and initiate proceedings against the

10th respondent if violation is found in the inspection.

(iii) to direct the respondents 2 to 7 to conduct a joint site inspection of the quarry and crusher unit owned by the 10th respondent and submit a report to this Hon'ble court regarding the extent of area from which granite has been extracted, quantity of granite extracted so far and as to whether the functioning of the quarry and the crusher unit is in accordance with the conditions stipulated in Exhibit P4 and P5 and the consent granted by the Pollution Control Board to operate the crusher unit and regarding the environmental and ecological impact as well as the health problem, scarcity of water in the 9th respondent, Panchayat due to the illegal functioning of the quarry and crusher unit by the 10th respondent, within a time limit stipulated by th