P.O.VARGHESE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This matter relates to quarrying operation conducted by the 12th respondent, Gigi Mathew, Proprietor of GKV Granites in Mookkannoor Village, Ernakulam District.

(2.) This writ petition was filed originally challenging Ext.P28 decision of the Sub Collector, Fort Kochi, and Ext.P31 decision of the District Collector, Ernakulam. Thereafter, the writ petition was amended by raising a challenge to Ext.P5 environmental clearance, Exts.P7 and P8 consent issued by the Kerala Pollution Control Board, Ext.P17 licence issued by the Deputy Chief Controller of Explosives, and Ext.P20 D&O lcence issued by the Panchayat.

(3.) The quarrying operation is carried in survey Nos.10/3-1, 10/3-2, 10/4, 10/7 of Mookkannoor Village. This land originally belonged to one M.A.Jitheesh Kumar. As early as on 10/12/2007, a prohibitory order was issued by the Tahsildar, Aluva, prohibiting mining in the said land. This was based on complaints raised by the local residents. Challenging the stop memo, Jitheesh Kumar approached this Court by W.P. (C).No.13738/2008. This Court disposed of W.P. (C).No.13738/2008 on 29/04/2008 directing the Revenue Divisional Officer, Fort Kochi, to take a final decision. Thereafter, the Revenue Divisional Officer, by order dated 20/8/2008, produced as Ext.P4, permanently prohibiting operation of the quarry. This was for the reason that quarry operators did not have any licence and due to illegal quarry operations, damage has been caused to nearby houses. The nature of the order is one of the dispute raised in this case. According to the petitioners, this order is passed under Section 133 of the Code of Criminal Procedure, 1973. According to the fourth respondent, this order is passed invoking powers conferred upon the revenue authorities in terms of Rule 58 of the Kerala Minor Mineral Concession Rules, 1967. It is submitted by the learned counsel for the 12th respondent, Tahsildar and Revenue Divisional Officer are the competent authorities appointed by the Government invoking its power under clause (iv) of Rule 3 of the Kerala Minor Mineral Concession Rules, 1967.