IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 13807 of 2009(U) -------------------------------- PETITIONER(S): ------------------ 1. A.D. JOHN, S/O. P. JOHN, PUTHENVEETTIL, MALLAPPALLY, 2. ANNAMMA VARKEY, W/O. K.V. VARKEY, KUNNUMPURATHU PUTHEN PURAYIL , KOTTANGAL, MALLAPPALLAY. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE, MALLAPPALLAY. 3. THE SUB INSPECTOR OF POLICE, PERUMPETTY POLICE STATION, MALLAPPALLAY. 4. CITU, PERUMPARA UNIT, KOTTANGAL, MALLAPPALLAY, REP. BY ITS SECRETARY. 5. AITUC, PERUMPARA UNIT, KOTTANGAL MALLAPPALLY, REPRESENTED BY ITS SECRETARY. ADV. SRI.T.P.PRADEEP FOR R4,5 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13807 of 2009(U) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF CONSENT TO OPERATE THE QUARRY DT. 11/01/08 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P1(a):- TRUE COPY OF CONSENT TO OPERATE THE QUARRY DT.14/01/08 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P2:- TRUE COPY OF QUARRYING PERMIT ISSUED BY THE SENIOR GEOLOGIST. EXT.P2(a):- TRUE COPY OF QUARRYING PERMIT ISSUED BY THE SENIOR GEOLOGIST. EXT.P3:- TRUE COPY OF LICENSE ISSUED BY THE PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION. EXT.P4:- TRUE COPY OF CERTIFICATE ISSUED TO THE BLASTER AS PER PROCEEDINGS DT.23/01/86 EXT.P5:- TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND ONE BIJU PAUL. EXT.P6:- TRUE COPY OF JUDGMENT DT.04/09/08 OF THE HON. HIGH COURT IN W.PC. NO.26008/08. EXT.P7:- TRUE COPY OF JUDGMENT DT.20/10/08 OF THE HON. COURT IN WPC.29434/08. EXT.P8:- TRUE COPY OF COMPLAINT DT.02/05/09 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.13807 of 2009 ------------------------------------------------ Dated this the 23rd day of August, 2011 JUDGMENT Pius C. Kuriakose, J This is a case where no counter has been filed. Even though the counsel for the respondents sought for time to file counter, we are not inclined to grant time. We notice the interim order issued by this Court on 23/05/09. Under that interim order this Court has granted limited relief to the petitioner for the enforcement of Ext.P7 judgment. It is not disputed before us that Ext.P7 judgment has attained finality. Under the above circumstances, we direct continuance of the above interim order and dispose of the Writ Petition accordingly. So long as Ext.P7 is in currency the order passed by this Court will continue. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- -2-