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2021 Supreme(Online)(KER) 18068

HIGH COURT OF KERALA
V.S.PEETHAMBARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SMT AYSHA YOUSEFF', '', 'SRI JOBI A THAMPI', 'SMT M KABANI DINESH', 'SMT MOLLY JACOB', 'SMT PRIYANKA SEBASTIAN', 'SMT RABIA BEEGAM T K', 'SRI SHOUKATH HUSAIN', 'GOVERNMENT PLEADER', '', 'SRI KAROL MATHEWS SEBASTIAN ALENCHERRY', 'SRI V V SIDHARTHAN SR', 'SRI D G VIPIN', 'VIPIN D GSRI V V SIDHARTHAN SR']

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

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