ROSLIND JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is operating a granite quarry on the strength of Ext. P2 quarrying lease. It is stated by the petitioner that she possesses all the requisite licences and permissions to carry out quarrying operations at the site covered by Ext. P2 quarrying lease. On 03.10.2017, the petitioner was issued Ext. P10 notice by the second respondent by which she was asked to stop the quarrying activities at the site referred to above. It is recited in Ext. P10 notice that the direction contained therein is issued since there exists a residential building within 50 meters from the site of the quarry. Ext. P10 notice is under challenge in the writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) The fact that Rule 40(1)(i) of the Kerala Minor Mineral Concession Rules, 2015 ('the Rules') prohibits lessees under quarrying leases from conducting carrying operations within 50 meters from residential buildings is not disputed by the petitioner. The contention of the petitioner, on the other hand, is that the owner of the building referred to in Ext. P10 notice has no objection in the petitioner carrying on the quarrying operations at the site. Ext. P9 affidavit of the owner of the residential building referred to above is relied on by the petitioner in support of her case that the owner of the residential building has no objection against the quarrying operations.