IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 26633 of 2008(U) --------------------------------------- PETITIONER: ------------------- RENJINI, D/O. RAJAN, AGED 28 YEARS, RESIDING AT CHANIKUZHI PURAYIDOM, IDAMAL, NARUVMOODU.P.O, PALLICHAL VILLAGE, NEYYATINKARA TALUK, TRIVANDRUM DISTRICT. BY ADV. MR.J.S.AJITHKUMAR. RESPONDENTS: ------------------------ 1. C.L. GEORGE, S/O. CHRISTUDAS, ROY VIHAR, KULANGARAKONAM, NARUVAMOODU.P.O, PALLICHAL VILLAGE, TRIVANDRUM DISTRICT. 2. N.G. ROY, S/O. C.L. GEORGE, RESIDING AT ROY VIHAR, KULANGARAKONAM, NARUVAMOODU.P.O, PALLICHAL VILLAGE, TRIVANDRUM DISTRICT. 3. ASOKAN, S/O. JOHN, CHANNYVILA PUTHEN VEEDU, KULANGARAKONAM, NARUVAMOODU.P.O, PALLICHAL VILLAGE, TRIVANDRUM DISTRICT. 4. DISTRICT COLLECTOR, TRIVANDRUM. 5. COMMISSIONER OF POLICE, TRIVANDRUM CITY (RURAL), TRIVANDRUM. 6. THE TAHSILDAR, NEYYATINKARA, TRIVANDRUM. R4 TO R6 BY GOVERNMENT PLEADER MR. M.A. ASIF, R1 & R2 BY ADV. MR.G.S.REGHUNATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26633/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE STATEMENT OF TAHSILDAR, NEYYATTINKARA. EXT.P.2: COPY OF THE ORDER DTD. 05/02/2008 IN COMPLAINT NO. 1096/07 ON THE FILE OF LOK AYUKTHA, TRIVANDRUM. EXT.P.3: COPY OF THE COMPLAINT DTD. 11/06/2008 SUBMITTED BY THE PETITIONER BEFORE THE R4 & R5. EXT.P.4: COPY OF THE ORDER DTD. 04/01/2005 OF DISTRICT COLLECTOR, TRIVANDRUM. EXT.P.5: COPY OF THE F.I.R. IN CRIME NO. 78/05 DTD. 20/02/2005 OF NEMOM POLICE STATION. EXT.P.6: COPY OF THE SCENE MAHAZAR DTD. 21/02/2005. EXT.P.7: COPY OF THE F.I.R. IN CRIME NO. 539/2008 DTD. 14/12/08 OF NEMOM POLICE STATION. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE AGREEMENT EXECUTED BY R.1. IN FAVOUR OF ONE SRI. LENIN, S/O. JOHN, SHERLY COTTAGE, KOTTUKAL VILLAGE, NEYYATTINKARA ON 05/12/2007. EXT.R1.B: COPY OF THE CONSENT DEED DTD. 14/12/2007 EXECUTED BY PETITIONER AND HER FATHER. EXT.R1.C: COPY OF THE LETTER DTD. 20/12/2004. EXT.R1.D: COPY OF THE PERMIT DTD. 14/02/2007. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.26633 of 2008 -------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT Prayer in this writ petition is mainly for directing the respondents 4 to 6 to prevent the illicit blasting of rocks at Resurvey no. 272/10 of Pallichal Village, allegedly conducted by the respondents 1 to 3. The said prayer is made by the petitioner relying on Exhibit P4, an order passed by the 4th respondent on 4/01/2005. 2. Acting upon a petition filed by the petitioner complaining of illicit blasting of rocks at Kulangarakonath, Pallichal Village, Exhibit P4 was issued. By the said order District Collector has ordered immediate stoppage of quarrying of rocks in the area mentioned in the said order. Petitioner's complaint is that despite of this order, quarrying is going on as before. He has also produced Exhibits P5 to P7, F.I.Rs, registering cases against R2 and R3. 3. Learned Government pleader on instruction submits that quarrying was conducting without having any valid licence and on finding illegal blasting of rocks, cases have been W.P.(C) No.26633/ 2008 2 registered. 4. On the other hand, the first respondent has filed counter affidavit and is relying on Exhibit R1(d) a quarrying permit valid up to 13/05/2007. Now that the period of the permit has expired, nothing else has been placed on record to show that any new permit has been issued. In such circumstances, Exhibit P4, which is still in force, has to be implemented. 5. Therefore, I dispose of this writ petition directing that the respondents 4 to 6 shall take appropriate action for the implementation of Exhibit P4, by which prohibition has been imposed on quarrying in the area mentioned in the said order. Petitioner shall produce a copy of this judgment before the aforesaid respondents for compliance. ANTONY DOMINIC, JUDGE scm