DIAMOND ACTION COUNCIL Vs. DIAMOND AGGREGATES

JUDGEMENT

(1.) These two writ petitions require to be heard together since the essential factual circumstances and attributes presented in them are connected with each other and the reliefs to be granted in one will certainly affect and modulate the reliefs to be granted in the other.

(2.) W.P(C) No.25986/2019 has been filed by an association of persons who call themselves "Diamond Action Council", Maneed and two of their members, alleging that the quarrying and stone crushing operations being carried on by the first respondent - "M/s.Diamond Aggregates" is causing depredation to nature and poses severe threat to human lives and safety in the area and therefore, prays that the Secretary of the fourth respondent - Maneed Grama Panchayat be directed to take immediate action to stop such activities. The petitioners submit that they have approached the Village Officer through Ext.P3; the Secretary of the Panchayat through Ext.P4; the District Collector, Ernakulam through Ext.P6 and the Pollution Control Board through Ext.P7 against the alleged illegal activities of M/s.Diamond Aggregates but allege that no action has been taken on these representations until now. They, therefore, pray that the respondents be directed to immediately take action to close down the quarry and the stone crusher.

(3.) While so, it appears that the Maneed Grama Panchayat, presumably on account of the complaints preferred by the petitioners in W.P(C) No.25986/2019 and others, issued a stop memo to M/s.Diamond Aggregates asking them to stop their quarrying activities and the said communication has been challenged by them by filing W.P.(C) No.26250/2019. In the said writ petition, the stop memo issued by the Maneed Grama Panchayat has been produced as Ext.P9 and M/s.Diamond Aggregates say that this has been issued without competence and without any jurisdiction. They, therefore, pray that Ext.P9 in this writ petition be set aside.