IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36544 of 2008(A) -------------------------- PETITIONER(S): --------------- DAMODARAN GOPALAN, KOTTORKKUNNEL HOUSE VADAKODU, VAZHAKKULAM PO., ERNAKULAM. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------- 1. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES 43/350, POWER HOUSE EXTENSION ROAD, ERNAKULAM. 2. T.L.GEORGE, THOTTUMARIKKAL HOUSE VADAKODU, VAZHAKKULAM PO., ERNAKULAM. ADV. SRI.A.D.RAVEENDRA PRASAD, CGC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).36544/2008 -------------------- Dated this the 17th day of December, 2008 JUDGMENT Petitioner is aggrieved by the running of a quarry by the second respondent in the land adjacent to his property, without a licence from the Explosives Department. On instructions, learned counsel for the first respondent submits that the second respondent has not been issued so far a licence in Form 22 under the Explosives Rules. Submission is recorded. Writ petition is accordingly disposed of directing the first respondent to give notice to the petitioner also, if there is any application by the second respondent under the Explosives Rules and hear the petitioner as well, before a decision is taken on such application, if any, as and when preferred by the second respondent. If there is unauthorized quarrying by the second respondent, it is open to the petitioner to bring the same to the notice of the Revenue W.P.(C).36544/2008 2 Divisional Officer who shall take cognizance of the same and take appropriate action. V.GIRI, Judge mrcs