2025:KER:27347 WP(C) NO. 34025 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 34025 OF 2024 PETITIONER: MR.JALALUDEEN.K., AGED 67 YEARS S/O.KUNJUMOIDEENKUNJU, CHARUVILAPUTHENVEEDU,VELIYAMWEST.P.O, KOLLAM, PIN - 691509 BY ADV JOBI JOSE KONDODY RESPONDENTS: 1 THE VELIYAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VELIYAM GRAMA PANCHAYAT OFFICE, VELIYAM.P.O, KOLLAM, PIN - 691537 2 THE SECRETARY, VELIYAM GRAMA PANCHAYAT,VELIYAM GRAMA PANCHAYAT OFFICE, VELIYAM.P.O, KOLLAM, PIN - 691537 3 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA), REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL BUILDING, 4TH FLOOR, THAMPANOOR.P.O, THIRUVANANTHAPURAM, PIN - 695001 4 THE GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, TALUK OFFICE COMPOUND, KOLLAM, PIN - 691001 2025:KER:27347 WP(C) NO. 34025 OF 2024 2 5 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, IRRIGATION DIVISION OFFICE, KIP COMPOUND ROAD, ASRAMAM, KOLLAM, PIN - 691001 6 THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, IRRIGATION OFFICE, THIRUVANANTHAPURAM ROAD, PULAMON, KOTTARAKKARA, KOLLAM, PIN - 691506 *ADDL. R7. M.S.BIJU, S/O. C.MURALEEDHARAN ASWATHY, VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA TALUK KOLLAM-691540. *ADDL. R8. SHAJI, S/O.BHASKARAN AGED 65 YEARS SMRUTHI, VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA TALUK,KOLLAM -691540 *(ADDITIONAL RESPONDENTS R7 AND R8 ARE IMPLEADED AS PER ORDER DATED 10/10/2024 IN I.A.1/2024 IN WP(C)34025/2024. BY ADVS. B.MOHANLAL-R7,R8 P.S.PREETHA-R7,R8 ASWIN V. NAIR-R7,R8 KARTHIK J SEKHAR-R7,R8 ABIJITH M.-R7,R8 JAYAPRABHA ARJUN-R7,R8 PRAVEENA T.-R7,R8 SRI. M.R.SASITH PANICKER, SC, VELIYAM GRAMA PANCHAYAT, SRI. M.P SREEKRISHNAN, SC, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) AND THE STATE EXPERT APPRAISAL COMMITTEE (SEAC), SMT. DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27347 WP(C) NO. 34025 OF 2024 3 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 34025 of 2024 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The petitioner has challenged Ext.P13 notice issued by the Panchayath whereby he has been directed to stop quarrying activities since he does not have the necessary NOC from the Irrigation/Water Authority Department, required as per the decision of the SEIAA in its 147 meeting held on 27th and 28th of 2022. Pending the writ petition, the petitioner has been issued with an NOC from the Irrigation Department, a copy which has been produced as Ext.P16 along with I.A.No.1 of 2025. The NOC is seen to have been issued on 27.02.2025. The condition imposed in Ext.P11 thus stands satisfied since the basis of Ext.P13 notice is that no NOC has been obtained and since NOC has already been obtained, Ext.P13 also does not have any legs to stand on. The counsel for the additional 2025:KER:27347 WP(C) NO. 34025 OF 2024 4 respondents 7 and 8 submitted that they have challenged Ext.P16 NOC granted to the petitioner. However, that need not detain this Court from disposing of this writ petition. This writ petition is hence allowed. Ext.P13 is set aside. It is made clear that the respondents 1 and 2 are free to initiate action in case the NOC granted to the petitioner is later set aside. Sd/- T.R.RAVI JUDGE LEK 2025:KER:27347 WP(C) NO. 34025 OF 2024 5 APPENDIX OF WP(C) 34025/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 01.12.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR THE BUILDING STONE QUARRY FOR AN AREA EXTENDING TO 0.7161 HECTARE OF LAND IN SY NO. 30/3-2, 30/3-3,30/3-4, 30/14, 37/5-1, 37/5-2 AND 37/5-3 OF VELIYAM VILLAGE IN KOTTARAKKARA TALUK OF KOLLAM DISTRICT Exhibit P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOLLAM TO THE PETITIONER FOR OPERATING THE BUILDING STONE QUARRY Exhibit P3 A TRUE COPY OF THE FORM LE3 LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI Exhibit P4 A TRUE COPY OF THE TRADE LICENSE DATED 29.04.2024 VALID UP TO 31.03.2025 Exhibit P5 A TRUE COPY OF THE QUARRYING PERMIT DATED 22.07.2024 VALID UP TO 21.07.2025 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 01.03.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P.(C) NO. 12237/2023 Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 10.05.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN CON.CASE (C) NO. 954/2024 2025:KER:27347 WP(C) NO. 34025 OF 2024 6 Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 11.04.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P.(C) NO. 17994/2023 Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 144TH MEETING OF THE 3RD RESPONDENT DATED 28/29-06/2024 Exhibit P10 A TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 29.06.2024 Exhibit P11 A TRUE COPY OF THE MINUTES OF THE 147THMEETING OF THE 3RD RESPONDENT HELD ON 27/28-8-2024 Exhibit P12 A TRUE COPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT UNDER SECTION 40 (2) OF THE KERALA IRRIGATION AND WATER CONSERVATION ACT, 2003 DATED 21.08.2024 Exhibit P13 A TRUE COPY OF THE NOTICE DATED 20.09.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P14 A TRUE COPY OF THE ORDER DATED 17.IC).2024 ISSUED BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY TO THE PETITIONER WITH COPY TO THE SUPERINTENDING ENGINEER, PS CIRCLE, KOLLAM Exhibit P15 A TRUE COPY OF THE REPORT DATED 24.10.2024 ISSUED BY THE ASSISTANT ENGINEER, KIP (LB) SECTION 17, KOTTARAKKARA TO ASSISTANT EXECUTIVE ENGINEER, KIP (LB) SUB DIVISION-17, KOTTARAKKARA 2025:KER:27347 WP(C) NO. 34025 OF 2024 7 Exhibit P16 TRUE COPY OF THE ORDER NO.D1/352/EEI/KLM/2025 DATED 27.02.2025 ISSUED BY THE EXECUTIVE ENGINEER KOLLAM TO THE PETITIONER