IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 17274 of 2011(H) -------------------------- PETITIONER(S): ----------------------- 1. K.P.THANKAM, W/O.A.NARAYANAN, AGED 65 YEARS, ARIYANDATH HOUSE, KARIMBA P.O. MANNARKADU, PALAKKAD DISTRICT. 2. K.K.MATHAI, S/O.KURUVILA, AGED 67 YEARS, KOCHUKUDIYIL HOUSE, 3 ACRE POST, KARIMBA, MANNARKADU, PALAKKAD DISTRICT - 678 597. 3. DENNEES KURIAN, AGED 30 YEARS, S/O.KURIAN, VETTATHEL HOUSE, 3 ACRE POST, KARIMBA, MANNARKADU, PALAKKAD DISTRICT - 678 597. 4. PREMARAJAN, AGED 46 YEARS, S/O.K.RAGHAVAN, CHANDRAVILASAM HOUSE, 3 ACRE POST, KARIMBA, MANNARKADU, PALAKKAD DISTRICT - 678 597. BY ADV. SRI.T.K.SANDEEP RESPONDENT(S): ------------------------- 1. CHARLIE JOSEPH, MUNDAMPARAMBIL HOUSE, 3 ACRE P.O., MARUTHAMKODU, MANNARKADU, PALAKKAD - 678 597. 2. LILLY CHARLIE, W/O.CHARLIE JOSEPH, MUNDAMPARAMBIL HOUSE, 3 ACRE P.O., MARUTHAMKODU, MANNARKADU, PALAKKAD - 678 597. 3. KARIMBA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARIMBA P.O., MANNARKAD TALUK, PALAKKAD - 678 597. 4. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, PALAKKAD - 678 001. WPC NO.17274/11 -2- 5. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, TOWN BUS STAND COMPLEX, PALAKKAD - 678 001. 6. THE DEPUTY CONTROLLER OF EXPLOSIVE, POWER HOUSE ROAD, ERNAKULAM - 682 018. ADV. SRI.P.K.MOHANAN(PALAKKAD) FOR R1 & 2 SRI.V.M.KURIAN FOR R3 SRI.K.T.THOMAS FOR R3 SRI.MATHEW B. KURIAN FOR R3 GOVT.PLEADER SRI.M.H.HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17274/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE APPLICATION DATED 7.5.2011. EXT.P2: TRUE COPY OF THE REPLY DATED 3.6.11 SENT BY THE SECRETARY KARIMBA GRAMA PANCHAYATH. EXT.P3: TRUE COPY OF THE MASS PETITION DT 4.4.11 TO THE 3RD RESPONDENT. EXTS OF R1 EXT.R1(a): TRUE COPY OF THE QUARRYING PERMIT DATED 25.5.11 GRANTED BY THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT, MINING AND GEOLOGY, PALAKKAD ALONG WITH THE DOCUMENTS AND APPLICATION FILED BY THE RESPODNENT FOR OBTAINING THE SAME. EXT.R1(b): A COPY OF FORM AE-3 SUBMITTED FOR GETTING the EXPLOSIVE LICENSE. EXT.R1(c): AFFIDAVIT DATED 20.7.11 SWORN BY THE FIRST PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17274 OF 2011 ===================== Dated this the 22nd day of August, 2011 J U D G M E N T The prayer sought in the writ petition is to ensure that 1st respondent does not undertake any blasting of rocks without any licence. 2. Counter affidavit has been filed by the 1st respondent, where the following undertaking has been given. “I undertake that I will not use explosives for blasting rocks without the necessary license. I have approached the Panchayath Authorities also and submitted an undertaking to that effect”. 3. The aforesaid undertaking is recorded. It is directed that, in the event any violation is committed by the 1st respondent, it will be open to the petitioners to bring it to the notice of respondents 3 or 5, in which event, they will ensure that blasting is prevented. Writ petition is closed. ANTONY DOMINIC, JUDGE Rp