AMBIKA PAPPU Vs. DISTRICT COLLECTOR ERNAKULAM

JUDGEMENT

(1.) The petitioners are residents of Parakkadavu Grama Panchayat. Their residential houses are situated near to a rock quarry conducted by the fifth respondent. The petitioners allege that the fifth respondent is running the quarry illegally, that there are residential houses situated within a distance of 50 metres from the quarry and that under R.29(1) of the Kerala Minor Mineral Concession Rules, 1967, quarrying operations cannot be conducted within 50 metres from any reservoir, tanks, canals, roads, bridges, other public works, residential buildings, etc. except under and in accordance with the previous permission of the State Government. The fifth respondent does not have such permission from the State Government, they contend. The petitioners also allege that the quarry run by the fifth respondent has a depth of more than 150 feet. The petitioners have also stated that due to the quarrying operations conducted by the fifth respondent, serious damage has been caused to their houses. They have also stated that the water table in the wells of the locality has been fallen as a result of quarrying operations. On these and other grounds, the petitioners have approached this Court seeking the following reliefs:

(2.) The District Geologist, Ernakulam has filed a counter - affidavit, contending that a quarrying permit was validly issued to the fifth respondent and that it is valid till 07/09/2009. It is also stated that there are no residential buildings, schools, roads or any other public structures located within 50 metres of the quarry. As regards the allegation that the depth of the quarry exceeds 150 feet, the District Geologist, Ernakulam has stated as follows:

(3.) The learned standing counsel appearing for the Kerala State Pollution Control Board has filed a statement dated 18/06/2009. Paragraphs 2, 3 and 4 thereof read as follows: