SHERIFF A.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the order passed by a learned single Judge of this court on 29.6.2016 in W.P(C) No.14261 of 2016, whereby, the learned single Judge vacated the interim order of stay passed in the writ petition.

(2.) The instant writ petition was filed on 7.4.2016 challenging Ext.P18 order dated 6.4.2016 issued by District Collector, Ernakulam on an application filed by writ petitioner. Ext.P18 order was passed pursuant to the direction issued by learned single Judge of this Court in Ext.P9 judgment delivered on 11.12.2015 in W.P(C) No.36841 of 2015 filed by the very same writ petitioner wherein the challenge was to a stop memo issued by Assistant Engineer, Irrigation Department to the quarrying operations being conducted by writ petitioner on the ground that aqueduct of Periyar Valley Irrigation Project was damaged due to the quarrying operations. Taking note of the fact that pursuant to the directions issued by a Division Bench of this court in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78], the District Collector was examining the matter, the learned single Judge disposed of W.P.(C) No.36841 of 2015 with a direction to the District Collector to take an appropriate decision in the matter after hearing the writ petitioner as well as the Assistant Engineer concerned. It was pursuant thereto that Ext.P18 order was passed.

(3.) The writ petitioner had contended in the writ petition that it had obtained the quarrying lease evidenced at Ext.P1 on 10.3.2008. The District Collector has in Ext.P18 held that Government have expressed its inability to accede to the request made by the writ petitioner for a No Objection Certificate (NOC) under the Kerala Irrigation and Water Conservation Act, 2003 and the Rules made thereunder for the reason that the quarry being operated by the writ petitioner is within the prohibited distance of 1 km. from the aqueduct.