ABDUL NAZAR P Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was conducting a quarry in 34 cents of land comprised in resurvey No.154/2 of Block No.II in Kalpetta village, Vythiry taluk in Wayanad District. The petitioner contends that the quarry was being conducted on the strength of license/consent obtained from the statutory authorities. It is the petitioner's admitted case that the quarrying permit, which was renewed from time to time was valid only up to 9.1.2015. The integrated consent to operate issued by the Kerala State Pollution Control Board was valid till 9.1.2015. The D&O license issued by the Panchayath was valid till 10.6.2015. The short firers' license obtained by the petitioner is valid up to 19.5.2019. The explosive license (Form LE-3), was valid only till 1.3.2013. In spite of the requisite statutory license/consent having expired, the petitioner demand that his challenge against Ext P11 order has to be decided on merits, since it would be possible for him to renew the license/consent once a decision is rendered in this Writ Petition.

(2.) The facts leading up to the issuance of Ext P11 is as under: On 4.11.2011, the fifth respondent had issued a letter to the second respondent requesting to stop the operation of petitioner's quarry for the reason that it was situated in close proximity with the Rattakolly Forest. Based on the letter, the second respondent caused a stop memo to be issued through the Village Officer. The stop memo was challenged by the petitioner in WP(C) No.2373 of 2012, which culminated in Ext P8 judgment. As is discernible from a reading of Ext P8, the Writ Petition was not decided on merits and on the other hand the Writ Petition was disposed of granting permission to the petitioner to approach the District Collector for modification of the impugned order, in the event of the petitioner being able to obtain all requisite license/consent.

(3.) Based on the direction contained in Ext P8 judgment, the second respondent considered the petitioner's request for withdrawal of the stop memo and issued Order No.M1/879/2014 dated /12/2014, by which the explosive license granted to the petitioner was cancelled.