IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 OP(C).No. 2404 of 2011(O) --------------------------------------- OS.47/2011 OF MUNSIFF COURT, CHALAKUDY .................... PETITIONER: ------------------- SHABU, AGED 39, S/O.OUSEPH, BUSINESS, MALPAN HOUSE, CHOUKA DESAM, ELINJIPRA VILLAGE, KUKUNDAPURAM TALUK, ELINJIPRA PO, PIN- 680 721. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): -------------------------- 1. SAJINI, W/O.ERUVEETIL ARAVINDAKSHAN, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA PO, PIN- 680 721. 2. RATHNAKUMARY, W/O.PUNDHAPARAMBIL, MOHANAN, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. 3. SUBRAN, S/O.CHENTHURUTHY KUNJAN, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. 4. ASHOKAN, S/O.CHENTHURUTHY KUNJAN, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, MECHIRA, PIN- 680 721. 5. RAVI, S/O.CHENTHURUTHY KUNJAN, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, MECHIRA, PIN- 680 721. 6. PARAMESWARAN, S/O.CHENTHURUTHY KUNJAN, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. OP(C).No. 2404 of 2011(O) 7. VELAYUDHAN, S/O.THAYYIL CHOTHY, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. 8. SHAJU, S/O.THAYYIL CHOTHY, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. 9. KRISHNAN, S/O.THAYYIL CHOTHY, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. 10. SAROJINI, D/O.THAYYIL CHOTHY, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN- 680 721. 11. MADHAVAN, S/O.THAYYIL CHOTHY, KALIKKAL DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, ELINJIPRA P.O., PIN -680 721. 12. KODASSERY GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, KODASSERY GRAMA PANCHAYATH, KODASSERY, ELINJIPRA P.O., PIN -680 721. by THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 2404 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S. NO.47/2011 FILED ON 24/01/2011 ON THE FILES OF THE MUNSIFF COURT, CHALAKUDY. EXT.P2: COPY OF THE I.A. NO.214/2011 FILED ON 24/01/2011. EXT.P3: COPY OF THE COUNTER TO EXT.P2 FILED BY THE PETITIONER DATED 19/02/2011. EXT.P4: COPY OF THE REPORT FILED BY THE COMMISSIONER ON 02/02/2011. EXT.P4(a): COPY OF THE ROUGH SKETCH FILED BY THE COMMISSIONER ON 02/02/2011. EXT.P5: COPY OF THE LICENSE ISSUED BY THE 12TH RESPONDENT. EXT.P5(a): COPY OF THE LICENSE ISSUED BY THE 12TH RESPONDENT ON 19/10/2010. EXT.P6: COPY OF THE SHOT FIRER'S PERMIT GRANTED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM DATED 22/03/2010. EXT.P6(a): COPY OF THE COVERING LETTER DATED 22/03/2010 ACCOMPANYING EXT.P6. EXT.P7: COPY OF THE CONSENT TO OPERATE ISSUED BY POLLUTION CONTROL BOARD DATED 08/04/2010. EXT.P8: COPY OF THE QUARRYING PERMIT GRANTED BY THE SENIOR GEOLOGIST OF THE DISTRICT OFFICE OF DEPARTMENT OF MINING AND GEOLOGY DATED 10/01/2011. EXT.P9: COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI DATED 02/12/2009. EXT.P9(a): COPY OF THE APPROVED SITE PLAN OF THE PROPOSED EXPLOSIVE MAGAZINE. EXT.P9(b): COPY OF THE APPROVED SITE PLAN OF ''D'' & ''E'' TYPE MAGAZINES. EXT.P9(c): COPY OF THE COVERING LETTER DATED 11/01/2010. EXT.P10: COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.239/2010/ID ISSUED BY THE SPECIAL SECRETARY TO GOVERNMENT, INDUSTRIES (IP) DEPARTMENT DATED 01/12/2010. OP(C).No. 2404 of 2011(O) EXT.P11: COPY OF THE LETTER ADDRESSED BY THE DISTRICT COLLECTOR, THRISSUR TO THE DEPUTY DIRECTOR OF PANCHAYATH, THRISSUR DATED 25/10/2010. EXT.P12: COPY OF THE ORDER DATED 15/06/2011 IN I.A. NO.214/2011 IN O.S. NO.47/2011 ON THE FILES OF THE MUNSIFF COURT, CHALAKUDY. EXT.P13: COPY OF THE C.M.A. NO.33/2011 FILED BEFORE THE SUB COURT, IRINJALAKUDA ON 25/06/2011. EXT.P14: COPY OF THE I.A. NO.2688/2011 FILED ON 25/06/2011 SEEKING STAY OF THE OPERATION OF EXT.P12 TILL DISPOSAL OF EXT.P13. EXT.P15: COPY OF THE MINING MATE'S CERTIFICATE OF COMPETENCY DATED 10/02/1999 ISSUED TO MR.E.K. JOSE. EXT.P16: COPY OF THE AGREEMENT DATED 16/06/2011 BETWEEN THE PETITIONER AND MR.E.K. JOSE. EXT.P17: COPY OF THE OBJECTIONS TO EXT.P14 FILED ON 05/07/2011. EXT.P18: COPY OF THE ORDER OF SUB COURT, IRINJALAKUDA DATED 13/07/2011 IN EXT.P14. EXT.P19: COPY OF THE MINING MATE'S CERTIFICATE OF COMPETENCY DATED 30/10/1980 ISSUED TO PAREED BEERAN. EXT.P20: COPY OF THE AGREEMENT DATED 21/07/2011 BETWEEN THE PETITIONER AND PAREED BEERAN. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2404 of 2011 --------------------------------------- Dated this 26th day of July, 2011 JUDGMENT Petitioner is the first defendant in O.S.No.47 of 2011 of the Court of learned Munsiff, Chalakkudy. That is a suit filed by respondents 1 and 2 for a decree for prohibitory injunction to restrain petitioner and others from engaging in blasting operations in the quarries. Learned Munsiff granted order of injunction on Ext.P2, application which petitioner and others challenged in C.M.A.No.33 of 2011 before learned Sub Judge, Irinjalakkuda. In that appeal, petitioner and others filed Ext.P14, application for stay of operation of the order of injunction but that was dismissed by Ext.P18, order. In this proceeding, challenge is to Ext.P12, order of the learned Munsiff and Ext.P18, order of learned Sub Judge. It is contended that the ground on which courts below granted injunction against petitioner is absence of Mining Mate's Certificate of Competency. Petitioner has obtained service of two persons having Mining Mate's Certificate. In the circumstance, it is requested that Exts.P12 and P18, orders may be set aside. Alternatively, it is prayed that court below may be directed to reconsider Ext.P14, application. O.P(C).No.2404 of 2011 -: 2 :- 2. The C.M appeal is pending consideration before learned Sub Judge. It is open to the petitioner if he is otherwise entitled, to produce relevant records as provided under law before the appellate court and request the appellate court to consider the said documents while deciding the C.M appeal. Since that remedy is available to the petitioner it is not necessary for this Court to interfere under article 227 of the Constitution and quash Ext.P12 and P18, orders. 3. I make it clear that it is open to the petitioners to request learned Sub Judge to expedite hearing and disposal of C.M appeal if steps on that appeal are over. If the lower court records are necessary it is open to the petitioner to request the learned Sub Judge to call for the records as well. With the above direction this original petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-