IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29673 of 2010(H)
1. S.VASUDEVAN NAIR,
... Petitioner
2. VIJAYA DEVI,
Vs
1. STATE OF KERALA,
... Respondent
2. DISTRICT COLLECTOR,
3. THE GEOLOGIST,
4. ENVIRONMENTAL ENGINEER,
For Petitioner :SRI.K.MADHUSOODHANAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 29673 of 2010 H
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Dated this the 27th day of September, 2010
J U D G M E N T
Challenge in this writ petition is against Exts.P3
and P4. Petitioner applied for mining permit for the removal of
clay. Though, by Ext.P1 report of the Geologist,
recommendation was made for grant of the permit, it is stated
that request of the petitioner was finally rejected. Appeal was
filed before the Government. That was also rejected by
Ext.P3 order. Petitioner filed another appeal against Ext.P3
before the Government, which was also rejected by Ext.P4
order dated 05-06-2010. Petitioner sought for reconsideration
of the matter by filing Exts.P5 and P6. There was no
response and at this stage, this writ petition was filed.
2. Reason stated in Ext.P4 is contained in paragraph
5, which reads as under:-
” 5. The petitioner and his counsel
were again heard on 19-05-2010. The matter
was examined in detail after taking into
WPC.29673/10
: 2 :account the contentions of both parties. On
the basis of the directions given to the
Director of Mining & Geology a field
inspection was carried out by Sri.D.P.
Sreekumar, Senior Geologist on 05-04-2010
in the averred area. During the inspection,
the Geologist and Assistant Geologist of the
District Office, Kollam and Special Village
Officer concerned were also present. In the
report furnished by Sri.D.P.Sreekumar, Senior
Geologist it is stated that the averred area is
situated on the bank of Kallada river and
forms a part of the flood plain. The appellant
had already extracted brick clay from the
averred area on the strength of the Quarrying
Permits issued from the Geologist, District
Office, Kollam during the year 2002-03. Due
to the above extraction the surface level of the
averred area and the surrounding area has
come down and also due to mining activities,
most of the adjoining areas has become water
logged, even during the month of April. It is
also reported that the entire area has already
become environmentally fragile and further
WPC.29673/10
: 3 :
mining in the area can accelerate the flooding
of the entire area and there could be a drift in
the course of the river. The Senior Geologist
opined that since mining activity is likely to
cause severe environmental degradation, it
would be advisable to abstain from any such
further mining activities in the averred area
which would lead to severe environmental
impact such as flooding, change of river
course etc. Moreover the consent given by the
Secretary, State Pollution Control Board also
expired on 30-06-2009 and no further consent
for mining has been given by the Pollution
Control Board since 30-06-2009.”
3. A perusal of the above shows that it was only
because of the environmental impact and for other relevant
consideration that the mining permit sought for by the
petitioner was rejected. There is nothing to show that the
reasons contained in Ext.P4 are arbitrary or are vitiated for
malafides. In such circumstances, this Court will not be
justified in upsetting the said order.
WPC.29673/10
: 4 :
4. However, petitioner has a case that mining is
permitted in the neighbouring properties and, therefore, he
alone could not have been discriminated. Even if the
submission that mining is permitted in the neighbouring
properties is factually correct, there is no material to conclude
that those properties are similar in all respects. That apart,
even if wrong permits are granted to other properties, there is
no justification for the prayer made before this Court to order
grant of permit to the petitioner. The writ petition fails.
Accordingly, the writ petition is dismissed.
(ANTONY DOMINIC, JUDGE)
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