SASI T. THAROL Vs. SECRETARY, PANANGAD GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioners in these cases, which are being considered together, on account of the analogous circumstances and facts presented, claim to be the persons operating granite quarries, on the strength of all licences and consents-including necessary Environmental Clearance obtained from the competent Authority.

(2.) The petitioners impugn the stop memos issued by the Panangad Grama Panchayat, as per which, they have been directed to stop the quarry operations solely for the reason that they have received certain complaints from neighboring property owners. The petitioners say that, going by a Full Bench Judgment of this Court in Tommy Thomas v. State of Kerala (2019 (3) KLT 987 (F.B.)), the Panchayat does not obtain any jurisdiction or competence to issue the stop memo and therefore, that these Writ Petitions be allowed.

(3.) When these matters were considered on 15.10.2015, I have directed the learned Government Pleader to obtain specific instructions as to whether the petitioners in these cases are in possession of all necessary licences and consents. The learned Government Pleader today affirms that the petitioners have obtained the Environmental Clearance and all other necessary permissions and therefore that, normally, in law, they cannot be interdicted from operating their quarries. He then adds that, since the quarries are being operated within a distance of ten kilometres from the Malabar Wild Life Sanctuary, the competent Authorities have sought clarifications from the Wild Life Warden Civil Station, Kozhikode and that the same is awaited. He says that, however, as of now there is no interdiction from the competent Authorities against the operation of the quarries.