IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20499 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------- 1. MOIDEENKUTTY HAJI, S/O.UNNEENKUTTY HAJI AGED 91 YEARS, NARIKUNNAN HOUSE,VADAKKANGARA, MANKADA,MALAPPURAM DISTRICT. 2. ABDU HAJI,S/O.AHAMMEDKUTTY,ERUMBATH HOUSE,VADAKKANGARA,MANKADA,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM PIN - 676 505. 2. THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM, PIN 676 505. 3. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MALAPPURAM PIN 676 505. 4. THE MAKKARAPARAMBU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MAKKARAPARAMBU, MALAPPURAM DISTRICT, PIN - 676 507. 5. PATTAKKAL ABDUL RAZAK,S/O.KUNHALI, PATTAKKAL HOUSE, VADAKKANGARA, MANKADA, MALAPPURAM DISTRICT, PIN 676 324. 6. THANKAYATHIL AMANULLA, S/O.MUHAMMED THANKAYATHIL HOUSE, VADAKKANGARA, MALAPPURAM DISTRICT, PIN 676 324. R1 & R3 BY GOVT. PLEADER SRI.P.N.SANTHOSH R2 BY ADV. SRI.M.K.CHANDRAMOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20499/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE IST RESPONDENT DTD. 18.3.2011. P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DTD. 18.3.2011. P3:- COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT DTD. 18.3.2011. P4:- COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONER BEFORE THE HONOURABLE MINISTER FOR REVENUE DTD. NIL. P5:- COPY OF THE REPRESENTATIONS SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT DTD. 1.12.2009. P6:- COPY OF THE REPRESENTATIONS SUBMITTED BY THE IST PETITIONER BEFORE THE 4TH RESPONDENT DTD. 21.3.2011. P7:- COPY OF THE APPLICATION SUBMITTED BY THE FIRST PETITIONER DTD. 21.3.2011 UNDER THE RIGHT TO INFORMATION ACT. P8:- COPY OF THE REPLY SUBMITTED BY THE VILLAGE OFFICER, VADAKKANGARA VILLAGE DT.D 1.4.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 20499 OF 2011 ------------------------------------------------- DATED THIS THE 27th DAY OF JULY, 2011 J U D G M E N T The allegation in the writ petition is that the respondents 5 and 6 are conducting quarrying operation without any licence and that too encroaching into revenue land. It is the case of the petitioners that complaining of this, they have filed representation before the respondents 1 and 2 as evidenced by Exts.P1, P5 and P2 respectively. It is alleged that despite receipt of the aforesaid representations, no action has not been taken by the Respondents 1 and 2 and hence the writ petition. 2. Heard learned Government pleader for Respondents 1 and 3 and the learned standing counsel for 2nd respondent. In the nature of the order that I propose to pass, it is not necessary to issue notice to party respondents. 3. At this stage the the grievance raised will be redressed, if action is taken on the representation. Therefore, I dispose of the writ petition directing Respondents 1 and 2 to examine the allegations raised in Exts.P1, P5 and P2 with notice to respondents 5 and 6 as expeditiously as possible at any rate within a period of six weeks of production of a copy of this judgment. It is clarified that this Court has not expressed W.P (C) No.20499/2011 -2- anything on merits and it is entirely for the official respondents to deal with the complaints in accordance with law. The petitioners will produce a copy of this judgment along with a copy of the Writ Petition before Respondents 1 and 2 for compliance. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge