IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 5397 of 2009(T) ------------------------------------- PETITIONER(S): ---------------------- O. SIVARAJAN, S/O.UNNIKELU, AGED ABOUT 54 YEARS, ODAMANNIL HOUSE, MUKKOM P.O., KOZHIKODE DISTRICT. BY ADV. MR.B.N.SHIVSANKAR RESPONDENT(S): ------------------------ 1. THE SECRETARY, OMASSERRY GRAMA PANCHAYATH, OMASSERRY P.O., KOZHIKODE DISTRICT. 2. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KOZHIKODE. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R2 & R3 BY GOVERNMENT PLEADER MR.V. MANU. R1 BY ADV. MR.V.RAJENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5397/2009-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE OF EXPLOSIVES DEPARTMENT DATED 05/08/2002. EXT.P2: COPY OF THE CONSENT DATED 30/05/2008. EXT.P3: COPY OF THE LICENCE FROM THE GEOLOGY DEPARTMENT UNDER THE MINOR MINERAL CONCESSIONS RULES DATED 21/01/2009. EXT.P4: COPY OF THE LICENCE FROM THE POLLUTION CONTROL BOARD DATED 20/10/2008. EXT.P5: COPY OF THE LICENE FROM THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 06/06/2008. EXT.P6: COPY OF THE ORDER DATED 01/09/2008. EXT.P7: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 27/11/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 5397 OF 2009 -------------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner seeks direction to issue a quarrying licence. He seeks that direction against the Panchayat, on the ground that he has all other licences. But, with the passage of time and the disposal of W.P.(C) No.32990/2008 filed by a third party against the owner of the land, the petitioner confines his request to be that the Panchayat may consider his application for licence to store the quarried granite for sale and disposal since he is not now carry on the quarrying, as he is awaiting the renewal of the licences by other authorities to facilitate quarrying. 2. In the aforesaid background, this Writ Petition is ordered directing that the petitioner's application that may be filed for licence of the Panchayat, to store and sell the granite in terms of the licences that he had, will be considered by the Panchayat and orders issued within a period of three weeks from the date of receipt of a copy of this judgment. If the petitioner produces all necessary W.P.(C) No.5397/2009 2 licences for quarrying at any later point of time, his applications for Panchayat licence, to quarry, shall also be considered, in accordance with law. All other issues on merits are left open. THOTTATHIL B.RADHAKRISHNAN, Judge ps