R S PRASANTHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel Sri.Vishnu Buvanendran appearing for the appellants, who are four amongst the 16 petitioners, in the W.P(C).13994/17. Also heard the learned Government Pleader Sri.Tek Chand representing the State authorities. Smt.M.A.Zohra, the learned standing counsel is representing the Uzhamalakkal Grama Panchayat (respondent No.2).

(2.) The petitioners approached the High Court with the allegation that the M/s.Al Nassar Granites Pvt. Ltd. (respondent No.3) is conducting quarrying activities without any permission and licence and therefore, they should be prohibited from carrying on such illegal activities.

(3.) When the parties appeared and pleadings were exchanged, the learned Judge found that the quarrying operations are being conducted in an extent of 4.1434 hectres of property, under various Survey Numbers, of the Uzhamalakkal Village and the quarrying activities are in conformity with the legal requirements/clearance. The court referred to the quarrying lease [Ext.R3(a)], which indicated that the lease is valid from 16.3.2011 till 15.3.2023. The consent given by the Pollution Control Board to operate the quarry was also noted from Ext.R3(b) and the said consent is valid until 30.6.2020. The Grama Panchayat had issued licence [Ext.R3(c)] which was valid till 31.3.2018. The respondent No.3 had secured the explosive licence [Ext.R3(d)], authorizing the use of explosives, for the purpose of carrying out the quarrying operations. The case records showed that the environmental clearance was granted to the respondent No.3 on 4.4.2017, by the District Environment Impact Assessment Authority, Trivandrum.