IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 15842 of 2008(J) -------------------------------------- PETITIONER: ------------------- MOLY GEORGE, AGED 39 YEARS, W/O. GEORGE, MATTATHIL HOUSE, PAINGOTTUR PANCHAYAT, PAINGOTTUR. BY ADV. MR.PEEYUS A.KOTTAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. REVENUE DIVISIONAL OFFICER, ERNAKULAM. 4. TAHSILDAR, KOTHAMANGALAM. 5. GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, ERNAKULAM. 6. CONTROLLER OF EXPLOSIVES, ERNAKULAM. 7. PAINGOTTUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PAINGOTTUR, ERNAKULAM DISTRICT. 8. VELAYUDHAN, S/O. KUNJAN, KARUPPELI HOUSE, NJARAKKAD, KADAVUR P.O, ERNAKULAM DISTRICT. W.P.(C). NO.15842/2008-J: 9. P.M. NISSAR (FATHER'S NAME NOT KNOWN), PERINGATTU PUTHENPURAYIL, KADAVUR P.O, ERNAKULAM DISTRICT. 10. VILLAGE OFFICER, KADAVUR. R1 TO R6 & R.10 BY GOVERNMENT PLEADER MR. A.J. VARGHESE, R7 BY ADVS. MR.MURALI PURUSHOTHAMAN, MR.DEEPU LAL MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15842/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PHOTOGRAPHS 3 IN NUMBER SHOWING THE NATURE OF BLASTING BEING CARRIED BY THE 8TH AND 9TH RESPONDENTS. EXT.P.2: COPY OF THE JUDGMENT IN O.S. NO. 103/96 DTD. 03/02/1999 OF THE MUNSIFF'S COURT, MUVATTUPUZHA. EXT.P.3: COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, KADAVUR DTD. 31/01/2008. EXT.P.4: COPY OF THE REPORT SUBMITTED ALONG WITH THE STOP MEMO EXT.P.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15842 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT 1.This writ petition is filed seeking a direction to respondents 2 to 7 and 10 not to permit respondents 8 and 9 to carry out any mining or blasting operations in the property owned by the 8th respondent. The petitioner contends that respondents 8 and 9 have no legal right or authority to stock explosives or carry blasting works and the 7th respondent panchayat has not issued any licence to them. It is contended that activities are being carried on in spite of Ext.P3 stop memo. 2.The Additional District Magistrate, Ernakulam has filed a counter affidavit on behalf of the first respondent. The ADM states that the 9th respondent was granted quarry permit and the same expired. It is stated that the quarry permit was granted after conducting site inspection and that there were no structures within 50 metres distance from the quarry. WPC.15842/08 2 Permission was accordingly granted for blasting operations to be carried out only after leaving a distance of 50 metres from the public road. On the basis of the complaint received from the petitioner, a stop notice was issued to the 9th respondent and thereafter, the District Collector had issued permanent stop memo on 26.6.2008 preventing quarrying in the property of the 8th respondent. Accordingly, it is brought on record by the officials that the alleged quarry is not functioning as of now. 3. In the result, this writ petition is ordered directing that the fact situation obtained as reported in the counter affidavit dated 4.10.2008, filed on behalf of the first respondent, shall be secured. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.06/02.