IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 5704 of 2010(K) ------------------------- PETITIONER: ------------- JAYAN AGED 32 YEARS, S/O.NARAYANAN, SECRETARY, SOUHRADHA JALA VIDHARANA SAMITHI (REGISTRATION NO.989/03),POOVANCHIRA, PONCHAL, THRISSUR DISTRICT. BY ADV. SRI.P.G.SURESH SRI.C.V.MANUVILSAN SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,THRISSUR DISTRICT 2. THE REVENUE DIVISIONAL OFFICER,THRISSUR 3. THE SECRETARY, PANCHERY GRAMA PANCHAYATH, THRISSUR. 4. JOY,S/O. YACKOB,RESIDING AT AALACKAL HOUSE,PANACHERY VILLAGE,POOVANCHIRA DESOM, THRISSUR DISTRICT. 5. POULOSE, S/O.YACKOB, RESIDING AT AALACKAL HOUSE, PANACHERY VILLAGE, POOVANCHIRA DESOM, THRISSUR DISTRICT. 6. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. 7. THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THRISSUR. BY GOVT.PLEADER SHRI P.NARAYANAN FOR R1, R2,R6 & R7 ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R3 SRI.C.R.SIVAKUMAR FOR R4 & 5 SRI.SANTHOSH PETER (MAMALAYIL) FOR R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.5704/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE COMMUNICATION VIDE NO.A2-R8/09 DATED 16.2.09. EXT.P2: TRUE COPY OF THE COMMUNICATION VIDE NO.A3(1) 3563/09 DATED 19.6.09. EXT.P3: TRUE COOPY OF THE ORDER DATED 7.3.09 ISSUED BY THE RDO, THRISSUR IN M.C.NO.119/09. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 29.4.09 PREFERRED TO THE DISTRICT COLLECTOR. EXT.P5: TRUE COPY OF THE AGREEMENT DATED 6.5.09. EXT.P6: TRUE COPYOF THE LETTER ISSUED BY THE OPERATORS OF QUARRY TO THE PETITIONER'S ORGNISATION. EXT.P7: TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE DISTRICT COLLECTOR. T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.5704 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF APRIL, 2010 J U D G M E N T The petitioner is the Secretary of a Samithi, which is a registered organisation. It has conducted a programme for the supply of drinking water to 60 families in the locality by constructing a water tank. It is pointed out that in the said place, illegal granite quarrying which is owned by respondents 4 and 5 is functioning without obtaining any licence or authority from the statutory authorities. It is pointed out that this is causing damage to the water tank. The petitioner had complained this to various authorities and ultimately by Exhibit P1 communication, the Panchayat informed him that the quarry is functioning without any licence from the Panchayat. Exhibit P2 is a further communication issued by the Panchayat affirming the same. 2. Later, the Revenue Divisional Officer conducted a hearing, after notice to the parties, and Exhibit P3 is the copy of the order passed by the R.D.O. to stop the illegal quarry operation as an interim order. It is pointed out that the interim order has not been complied with by the parties so far. Exhibit P4 is a further representation submitted by the petitioner in this regard. Thereafter, an agreement dated 6.5.2009 was made by the 4th respondent and other people W.P.(C)No.5704/10 -2- related to the said quarry operation before the Panchayat in which they had made absolute undertaking to assure the water supply. Exhibits P5 and P6 have been produced in support of the above averment. It is pointed out that the same has not been complied with so far and the illegal mining of the sand is going on. Thereafter, by Exhibit P7 representation, the petitioner has again approached the District Collector. 3. In the light of the representation that is pending before the District Collector, there will be a direction to the District Collector to consider and pass orders on Exhibit P7 after hearing the petitioner and respondents 4 and 5 within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn