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2016 Supreme(Online)(KER) 43817

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
K G GANGADHARAN – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The petitioner, a nearby resident of a quarry conducted by the 7th respondent, seeks to interdict the latter's operations for reason of the threat caused to life and property personally and also the large-scale depredation of natural resources resulting in degradation of the ecology and environment. The 7th respondent is carrying on the quarry operations, admittedly in accordance with a lease obtained from the 4th respondent. The order evidencing such lease is produced at Exhibit P1 which indicates the 7th respondent having been granted quarrying lease over an area of 2.0249 ha of Patta land comprised in survey numbers 21/1-3-4-5, 26 and 26/4 of Koottickal Village, Kanjirapally Taluk, Kottayam District. The period of lease is also specified as 20 years, which permits such operations till 04/11/2020.

2. The petitioner grounds his contentions on Exhibits P2, P3 and P6. Exhibit P2 is a report obtained from the Centre for Earth Science Studies (CESS) of the year 1993, which, according to the petitioner, speaks of possibility of landslide in the area around the Koottickal Panjayat and make certain recommendations for evolving proper land-use norms in tune with the hazard zonation

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