(1.) Heard Sri.Devan Ramachandran, learned counsel appearing for the appellant.
(2.) This writ appeal has been filed against order dated 7th July, 2015 passed by the learned Single Judge refusing modification of the interim order dated 25th March, 2015.
(3.) The 6th respondent, who is the appellant before us, had filed an application seeking modification of an interim order by which learned Single Judge has restrained the 6th respondent from carrying on quarrying operation. The 6th respondent has filed the application for modification of the interim order on the strength of a renewed permit. 6th respondent's case is that the permit which was already granted to him was renewed by an order dated 6/5/2015. He submits that learned Single Judge committed error in refusing to modify the interim order. He submits that on the strength of the proviso to Rule 12 of Kerala Minor Mineral Concession Rules, 2015, the appellant was entitled to carry on quarrying operation without there being any environmental clearance. He submits that the Division Bench judgment of this court in All Kerala River Protection Council v. State of Kerala, 2015 2 KerLT 78, has not been correctly read by the learned Single Judge while rejecting the application. Learned counsel for the appellant submits that there being no challenge to Rule 12 or its proviso in the All Kerala River Protection Council's case , the proviso entails and permits the appellant to carry out the quarrying operation. He submits that the Division Bench judgment in the aforesaid case of All Kerala River Protection Council's case cannot be read in other matters.