THRIPPANGOTTUR GRAMA PANCHAYAT Vs. M.K. CHANDRAN

JUDGEMENT

(1.) The captioned writ appeals are filed by respondent Nos. 1 and 2, in the writ petitions i.e., The Thrippangottur Grama Panchayat and its Secretary, challenging the common judgment of the learned Single Judge in W.P.C.Nos. 17148/2020, 27773/2020, 28527/2020, & 10534/2021, dated 16.07.2021, whereby, the impugned orders passed by the Secretary of the Grama Panchayat declining the D & O licence for conducting quarries to the writ petitioners were quashed and the appellants were directed to issue D & O licence to the writ petitioners, if the petitioners are otherwise eligible, within a period of four weeks. However, it was made clear that, the issuance of licence to the petitioners would be subject to any satellite mapping study that may be conducted by the Disaster Management Authority, and the writ petitioners shall permit the authorities to conduct any such study in the quarrying area, if warranted, without any objection. It is thus challenging the legality and correctness of the judgment of the learned Single Judge, the appeals are preferred.

(2.) In the writ petition leading to Writ Appeal No.1189/2021, the challenge made by the writ petitioners was against Ext.P8 order of the Secretary, whereby, WA NOS. 1189, 1225, 1231 and 1240 OF 2021 it was found that, within 500 meters of the proposed quarry of the writ petitioner, the stone quarries of Abdulla and Jovin George are situated and hence, it has be declared as a cluster, and since the extent of the cluster is more than 5 hectares, the environmental clearance of the State authority is mandatory as per the notification dated 15.01.2016, in order to understand the impact it has on the environment. Further, the Secretary has pointed out that the area in question has been identified as an area prone to landslides, by the Disaster Management Authority, and therefore, in accordance with the Disaster Management Master Plan, in order to give permission to conduct stone quarry in localities like the one in question, prior permission of the Disaster Management Authority is needed. However, no such permission has been submitted. Therefore, according to the Secretary, the local body has the power to ensure that the guidelines of the Disaster Management Authority are being complied with and further that the panchayat has also the power to take a general decision not to grant further licenses to establish quarries. Other aspects with respect to the land slides, etc are also pointed out in Ext.P8.

(3.) Writ petitions leading to writ appeal Nos.1225/2021 and 1240/2021, are filed by one and the same entrepreneur, challenging Ext.P10 order passed by the Secretary dated 19.04.2021, whereby, the licence was declined stating that the WA NOS. 1189, 1225, 1231 and 1240 OF 2021 licence for conducting mining in Re.Sy.No.275/A of the village in question was considered by the governing body on 17.04.2021, and since there are 9 quarries already working in the area with licence, it has been decided not to give licence to new quarries.