The petitioner was the holder of quarrying permit in respect of a property situated in Survey No.335/1/84 of Pathanapuram Village. Challenging the permit, neighbouring owner preferred statutory appeal before the authorities stating that an irrigation canal is passing within one kilometer areal distance from the quarry covered by Ext.P1. The permit was granted without obtaining No Objection Certificate in terms of Section 40(2) of the Kerala Irrigation and Water Conservation Act, 2003. The Appellate Authority dismissed the appeal. The petitioner approached for renewal of permit and also for No Objection from the second respondent. Ext.P8 is the application for No Objection Certificate from the second respondent. In the meanwhile, Ext.P11 was issued by the first W.P.(C) No.28079 of 2014 2 respondent stating that the matter requires scientific study and it can be done by NIT Surathkal in order to ascertain whether any damage will be caused to the Canal on account of quarrying in the petitioner’s property and it is stated that application will be considered only after such a study from NIT Surathkal. The petitioner submits that he cannot initiate action for scientific study by NIT Surathkal. If the authority themselves take initiation, he is prepared to pay entire expenses, that is required for inspection by the NIT Surathkal experts. It appears that the second respondent also made similar request that the petitioner should undertake a scientific study in his own expenses.
In view of the above, first and second respondents shall request the NIT Surathkal experts to conduct scientific study to ascertain whether any damage will be caused to the canal on account of quarrying. The request shall be made within two W.P.(C) No.28079 of 2014 3 weeks from the date of receipt of a copy of this judgment. Based on any response from the NIT Surathkal, the petitioner shall remit the entire amount before such authorities. If any report is received by the authorities, favouring the operation of quarry, the application for renewal shall be considered without further delay.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln