BINU PAUL Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) W.P.(C) No. 4783 of 2014:

(2.) After Ext. P1 No Objection Certificate was issued, the petitioner submitted Ext. P3 representation dated 5.2.2014 before the District Geologist, Ernakulam requesting that a quarrying permit may be issued forthwith. In this writ petition which was filed on 17.2.2014, the petitioner prays for an order directing the District Geologist, Ernakulam to issue the quarrying permit forthwith. It is contended that in view of Ext. P1 No Objection Certificate which was issued pursuant to the recommendations of the Geologist contained in Ext. P2, the District Geologist is bound to issue the quarrying permit notwithstanding the change in the Government policy. It is contended that in view of Ext. P1 No Objection Certificate there is no necessity to get environmental clearance before removing ordinary earth.

(3.) W.P.(C) No. 6338 of 2014: The petitioners are residents of Elamad Grama Panchayat in Kollam District. In this writ petition they seek a writ in the nature of mandamus commanding respondents 2 to 5 and 7 and 8 to stop the quarrying operations being conducted by respondents 9 and 10 in Government lands and in private lands situate within the local limits of Elamad Grama Panchayat. The petitioners also seek a direction to respondents 1 to 5 ad 7 and 8 not to allow respondents 9 and 10 to conduct quarrying operations in the Government lands and private lands described in the writ petition except under a valid quarrying lease and permit issued after environmental clearance is obtained from the Ministry of Environment and Forests. Reliance is placed on the decision of the Apex Court in Deepak Kumar and others v. State of Haryana and others, 2012 4 SCC 629 and the directions therein.