P.K.PONNAMMA Vs. STATE LEVEL ENVIRONMENT IMPACT

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession and enjoyment of 47.15 Ares and 17.20 Ares of property comprised in Resurvey Nos.282/7 and 282/3 of Kunnathoor Village covered by Sale Deed No.4877/1969 of Sub Registrar Office, Adoor and Sale Deed No.1598/1989 of Sub Registrar Office, Sasthamcottah, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 7 to take effective measures so as to curb the illegal excavation of earth and clay by respondents 8 to 10 in Iverkala area in Kunnathoor Village without any permit or licence from the statutory authorities. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 7 to take effective measures to restrain respondents 8 to 10 and their supporters from conducting illegal excavation of earth and clay in Iverkala area in Kunnathoor Village without any permit or licence from the statutory authorities, by initiating effective legal action. The further relief sought for is a writ of mandamus commanding respondents 1 to 7 to afford the petitioner and the people in Iverkala area in Kunnathoor Village an opportunity of being heard before issuing any licence or permit to respondents 8 to 10 or others.

(2.) The grievance of the petitioner, which is highlighted in this writ petition is the alleged illegal excavation of minor minerals by respondents 8 to 10 from the property owned by the 8 th respondent, which is shown as 'puramboke' in survey records.

(3.) On 21.12.2016, when this writ petition came up for admission, this Court admitted the matter on file. Learned Government Pleader took notice for respondents 1 to 5 and the learned Standing Counsel for the Pollution Control Board took notice for the 6th respondent. This Court issued notice to respondents 8 to 10. By the order dated 21.12.2016, this Court directed the official respondents to ensure that no illegal quarrying is conducted by respondents 8 to 10. If the same is without proper permit and license, including environmental clearance, the quarrying operations shall be immediately stopped.