K.T. VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The quarrying operations carried on by the 7th respondent were challenged by the appellants. The learned Single Judge rejected the challenge, against which this appeal is preferred.

(2.) Challenges raised in the writ petition were under three heads. They were (i) the lease had lapsed on account of the failure of the lessee to operate the quarry within the time prescribed under the Rules, (ii) the conduct of quarrying operations without an environmental clearance certificate was impermissible, and (iii) written permission from the Kerala Water Authority, had not been obtained. As mentioned above, by the impugned judgment, the learned Single Judge rejected all the aforesaid contentions, resulting in this appeal.

(3.) It was pleaded in the writ petition as well as in this appeal that the 3rd appellant is an association formed to consolidate and strengthen the agitation against illegal mining and that the individual appellants are locals who are affected by the mining activities. It was stated that a lease was issued in favour of one Sri.Joemon Joseph in the year 2011 by ignoring the objections and objectionable structures within the vicinity. After the death of the original lessee, his wife - the 7th respondent obtained transfer of the lease into her name and thereafter obtained other licenses to conduct quarrying operations. It was also alleged that, albeit the presence of many residential houses, an irrigation canal, and a huge water tank of the Kerala Water Authority, located near the land, the quarrying lease was issued to the 7th respondent, illegally.