VARGHESE Vs. GEORGE

JUDGEMENT

(1.) <FRM>JUDGEMENT_698_LAWS(KER)7_2012.htm</FRM>

(2.) THE lower appellate court has in reversal of the order of the trial court allowed an application for injunction against quarrying operations in the Plaint B schedule property. The lower appellate court has relied on rule 8 (1) (a) of the Kerala Mining and Mineral Rules, 1967 (the Rules for short) for this purpose. Rule 8 (1) (a) of the Rules stipulates that the quarrying permit shall be subject to a condition that the depth of the pit shall not exceed 20 feet. Rule 8 (1) (a) of the Rules was deleted by SRO 270/2008 which has however been stayed by G.O(P) No. 590/08/10 dated 17.06.2008. Clauses 7 and 10 of Ext.P6 quarrying permit issued to the petitioners inter alia state that the condition prescribed in the Rules would be applicable to the permit holder and shall be binding on him. this Court in Ambika Pappu and others vs. District Collector, Ernakulam (2010 (3)KHC 253) has also directed all the geologist of the state to issue permit containing a condition restricting the depth of the pit for quarrying below the surface to 20 feet.

(3.) I have therefore no option but to set aside the impugned order of the courts below on the application for prohibitory injunction. The trial court shall rehear I.A No. 269/2011 after getting a revised report from the Advocate Commissioner as to the availability of area covered by quarrying permit to excavate up to a depth of 20 feet. The court of the Munsiff of Kolenchery shall dispose of the application within a period of two weeks from the date of receipt of a copy of the judgment. The parities have to maintain status quo till such time. The original petition is disposed of as above.