Ramesh Babu P.M And Ors vs State Of Kerala And Ors

The Original Application was originally filed before the Hon'ble High Court of Kerala as W.P.No.3233 of 2013 under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 5 to ensure that no quarrying / blasting / mining operations are conducted by the respondents 6 to 15 in Mookunni Mala of Pallichal Village in Thiruvananthapauram District and to declare that respondents 6 to 15 are not entitled to conduct any quarrying / blasting / mining operations in Mookunni Mala in Pallichal Village in Thiruvananthapuram District and to issue a writ of mandamus directing respondents 1 to 5 to refrain from granting permit, licence, NOC etc., to the respondents 6 to 15 to continue the quarrying operations in Pallichal Village in Thiruvananthapuram District.

The case of the applicant is that the lands were assigned by the Government by issuing patta to the assignees, on specific conditions and respondents 6 to 15 are not entitled to carry on with the quarrying operations as no Environmental Clearance (EC) was obtained; and the illegal quarrying has adverse environmental impact and therefore, the reliefs sought for is to be granted.

Respondents 6 to 8, 11, 13 to 15 filed counter affidavit disputing the allegations contending that they are existing lease holders and they are entitled to carry on the quarrying operations and no Environmental Clearance (EC) is necessary and the validity of assignment granted to them have already been challenged before the Hon'ble High Court of Kerala and it is pending.

The respondents 16 and 17 filed a counter affidavit before the Hon'ble High Court of Kerala contending that the quarrying activities are being conducted in their close proximity and therefore necessary directions be issued.

While the matter is pending before the Hon'ble High Court of Kerala, it was transferred to this Tribunal. It was taken on file and registered as Original Application No.328 of 2013.

The 2nd respondent filed counter affidavit herein contending that the respondent is taking strict measures against illegal quarries, in co-ordination with various departments competent to issue permits for the operation of quarries in the district, and such measures are not only for the area specified as Ecologically Fragile but also all places in the District, adhering to the various provisions of Acts and Rules framed for the protection of environment and ecology.

The other respondents also filed separate replies.

When the application is taken up for arguments today, the learned counsel appearing for the applicant submitted that though the applicant originally contended that Environmental Clearance (EC) is necessary, in view of the direction of the Divisional Bench of the Hon'ble High Court of Kerala, it cannot now be insisted that EC is mandatory for mining in the existing lease area as the Hon'ble High Court of Kerala declared that it is necessary only at the time of renewal and not in respect of existing lease holders.

Learned Senior counsel appearing for the respective quarry owners/ respondents submitted that a Writ Petition is pending before the Hon'ble High Court of Kerala wherein order has been passed by the Hon'ble High Court of Kerala stopping all quarrying activities for the purpose of survey and direction was issued to survey the entire area not only covered in this application but also all the remaining sites and therefore the quarrying work is not in progress and the matter is still pending before the Hon'ble High Court. If an exhaustive survey is carried out the entire dispute can be resolved finding whether there is any illegal mining over and above the area covered under the separate leases / licenses. If such a report is filed, it can be expected that necessary directions will be issued by the Hon'ble High Court of Kerala. If that be so, it is not necessary to pass directions in this Original Application. If necessary directions are not issued by the Hon'ble High Court in the pending proceedings, the applicants are at liberty to approach this Tribunal in accordance with law.

The application is disposed of accordingly, with no order as to costs.