SASI K. Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) We have heard learned counsel appearing for the petitioners, learned counsel appearing for the respondents and learned Government Pleader.

(2.) W.P.(C) No. 23870 of 2015 has been filed as a Public Interest Litigation praying for a direction to respondents 1 to 7 to ensure that no mining activities is carried on in Thiruvallom Hills at Thiruvananthapuram. Petitioner in this writ petition claims that he is the President of "Prakrithi Samrakshana Action Council" and he has raised the grievance regarding damage of Thiruvallom Hills. It is pleaded that unchecked soil mining, using heavy machinery, had led to widespread protest. It is further pleaded that unchecked mining operations are going on in violation of relevant rules and Government Orders. It is also pleaded that the State Officials are not checking properly on the pretext that they have valid permit to carry on the mining operations.

(3.) Learned counsel for the petitioner, Sri. A.X. Varghese has also placed reliance on the Division Bench judgment reported in All Kerala River Protection Council v. State of Kerala and others [2015 (2) KHC 359]. It is submitted that in view of the Division Bench judgment which also considered the Kerala Minor Mineral Concession Rules, 2015, no mining permit under Rules 2015 can be granted except after obtaining environmental clearance from the State Environment Impact Assessment Committee. It is submitted that the District Collector is obliged to ensure that no one is carrying on mining operations without getting necessary permissions including environmental clearance.