BALAKRISHNAN P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of 10 cents of land in Sy.No.72/1 of Vallapuzha Village in Pattambi Taluk and residing there along with his family, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the approval granted by the 4th respondent Geologist, Palakkad on 31.07.2017 to Ext.P3 mining plan dated 17.04.2017 submitted by the 6th respondent, namely, M/s.J&P Constructions and J&P Granites, Choorakode, in respect of 01.6190 hectares of land in Survey Nos.75 and 78/2 in Block No.34 of Vallapuzha Village, for extracting granite building stone for the period from 04.12.2015 to 28.05.2019 (4.7 years) with year wise production of 1,47,812.5 MT for the 1st, 2nd, 3rd and 4th years and 22,250 MT for the remaining period of 7 months, is in contravention with the permissible limits and conditions in Ext.P1 order dated 15.11.2011 issued by the 2nd respondent Director of Mining and Geology granting quarrying lease to quarry granite building stone from the aforesaid property, for a period of 10 years from the date of execution of the quarrying lease, under the Kerala Minor Mineral Concession Rules, 1967, in which the production of granite building stones from the area under lease is restricted to 24,000 MT per year during the tenure of the quarrying lease. The petitioner has also sought for a declaration that the 6th respondent is not entitled to conduct further mining activities in the aforesaid land, on the basis of Ext.P1 order dated 15.11.2011 of the 2nd respondent Director of Mining and Geology and Ext.P2 quarrying lease dated 30.11.2011 entered into between the State Government and the 6th respondent; a declaration that the 6th respondent is a violator of Environmental Impact Assessment Notification, 2006 and is not entitled for ex post facto Environmental Clearance for his mining project in the aforesaid property; a writ of certiorari to quash Ext.P3 mining plan dated 17.04.2017 approved by the 4th respondent Geologist; a writ of mandamus commanding the 1st respondent State and the 2nd respondent Director of Mining and Geology to cancel Ext.P1 order dated 15.11.2011 and Ext.P2 quarrying lease dated 30.11.2011; a writ of mandamus commanding the 2nd respondent Director of Mining and Geology, the 3rd respondent District Collector and the 4th respondent Geologist to impose 100% of the price of illegally mined mineral as penalty on the 6th respondent for illegal mining; a writ of mandamus commanding the 5th respondent Environmental Engineer of the Kerala State Pollution Control Board, District Office, Palakkad to take penal action against the 6th respondent for violating the provisions of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974.

(2.) On 12.07.2018, when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for respondents 1 to 4. Notice by speed post was ordered to 5th respondent, returnable within two weeks and notice by special messenger was ordered to the 6th respondent.

(3.) On 14.11.2018, when the writ petition came up for consideration, the learned Government Pleader and also the learned counsel appearing for the respondents 5 and 6 sought time for filing counter affidavit. This Court directed the 4th respondent District Geologist to conduct inspection in the leasehold property held by the 6th respondent and submit a report before this Court, within a month, as to whether any violation is made to Ext.P1 lease area or any other modified lease.