IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 12945 of 2009(K) ---------------------------------------- PETITIONER(S): -------------------------- N.K.RAJAN, AGED 65 YEARS, S/O. KRISHNAN, NEDUMANNIL, KANNIDAMKUZHY, NARANGANAM VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE REVENUE DIVISIONAL OFFICER, ADOOR. 3. SENIOR GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA. 4. THA TAHSILDAR, DEPARTMENT OF REVENUE, KOZHENCHERRY TALUK AT PATHANAMTHITTA. 5. THE VILLAGE OFFICER, NARANGANAM VILLAGE, PATHANAMTHITTA DISTRICT. 6. THE SECRETARY, NARANGANAM GRAMA PANCHAYATH, NARANGANAM, PATHANAMTHITTA DISTRICT. 7. THE DY. CHIEF CONTROLLER OF EXPLOSIVES, C-2, 3RD FLOOR, KENDRIYA BHAVAN OPP.CESZ, KAKKANAD, COCHIN, PIN - 682 037. Kss ..2/- ...2... WPC.NO.12945/2009 K 8. THOMAS ZACHARIAH, S/O. ZACHARIAH, NEDUMANNIL HOUSE, THONNIAMALA, P.O.NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 9. MERCYKUTTY THOMAS, W/O. THOMAS ZACHARIAH, S/O. ZACHARIAH, NEDUMANNIL HOUSE, THONNIAMALA P.O, NARANGANAM VILLAGE, KOZENCHERRY TLAUK, PATHANAMTHITTA DISTRICT. 10. K.N.MOHANLAL, S/O. NANU, NADUVATHU HOUSE, NELLIKKALA P.O. MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 11. MATHEW OMMEN, S/O. N.T.OMMEN, NADUVATHU HOUSE, NELLIKKAL P.O., MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 12. K.S.SAJIMON, S/O. SIVARAJAN, KANJIRATHINAL HOUSE, NELLIKKALA P.O., MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 13. P.J.JOSEPH, PUTHUR HOUSE, KARIMKUTTY, NELLICKAMON P.O., RANNI, PIN - 689 680. 14. KURIAN ABRAHAM, KAIPPUZHA HARD WARES, RANNI, PATHANAMTHITTA. R1 TO R5 BY GOVERNMENT PLEADER SMT.T.B.REMANI R6 BY ADV.MR.C.UNNIKRISHNAN (KOLLAM) R7 BY ADV.MR.SUNNY XAVIER, CGSC R8 TO R14 BY ADVS.MR.SIBY MATHEW, MR.PHILIP J.VETTICKATTU, MR.B.PREMNATH (E). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12945/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PHOTOS OF THE BUILDING OF THE PETITIONER SHOWING THE DEVELOPMENT OF CRACKS. P2: COPY OF THE COMMISSION REPORT IN O.S.95/09 BEFORE THE MUNSIFF'S COURT, PATHANAMTHITTA DTD. 25/02/09. P3: COPY OF THE ORDER OF THE MUNSIFF'S COURT, PATHANAMTHITTA IN I.A.528/09 DTD. 24/03/2009. P4: COPIES OF THE EXPLOSIVE LICENCE ISSUED BY THE 7TH RESPONDENT DTD. 15/03/2007. P5: COPY OF THE MASS PETITION FILED BEFORE THE 3RD RESPONDENT DTD. 5/03/09. P6: COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT DTD.1/4/09. P7: COPY OF THE MASS PETITION FILED BEFORE THE 1ST RESPONDENT DTD. 4/03/09. P8: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DTD.2/04/2009. P9: COPY OF THE MASS PETITION FILED BEFORE THE 2ND RESPONDENT DTD. 4/03/09. P10: COPY OF THE OBJECTION CUM NOTICE ISSUED TO THE 7TH RESPONDENT DTD. 15/04/2009. P11: COPY OF THE JUDGMENT OF THE MUNSIFF'S COURT, PATHANAMTHITTA DTD. 18/07/1998. P12: PHOTOGRAPH SHOWING THE FURTHER DESTRUCTION OF THE HOUSE OF THE PETITIONER. P13: PHOTOGRAPH SHOWING ADJACENT BUILDING & PETITIONER'S BUILDING P14: PHOTOGRAPH SHOWING THE HEIGHT OF THE QUARRY. Kss ...2/- ...2.... WPC.NO.12945/2009 K RESPONDENT'S EXHIBITS: R11(A): COPY OF CMA NO.24/2009 FILED BEFORE THE DISTRICT COURT, PATHANAMTHITTA BY THE PETITIONER. R11(B): COPY OF INJUNCTION APPLICATION NO.182/09 FILED ALONG WITH CMA 24/2009 BEFORE THE DISTRICT COURT, PATHANAMTHITTA. R11(C): COPY OF OBJECTIONS FILED TO I.A.182/09 IN CMA 24/2009 BEFORE THE DISTRICT COURT, PATHANAMTHITTA. R11(D): COPY OF CONSENT TO OPERATE DTD. 27/05/2009 ISSUED TO ` 9TH RESPONDENT BY THE PCB. R11(E): COPY OF CONSENT TO OPERATE DTD. 25/05/2009 ISSUED TO 10TH RESPONDENT BY THE PCB. R11(F): COPY OF NOC, DTD. 4/06/2009 ISSUED TO 9TH RESPONDENT BY THE ASST.DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE. R11(G): COPY OF NOC, DTD. 4/06/2009 ISSUED TO 10TH RESPONDENT BY THE ASST.DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE. R11(H): COPY OF LICENSE, DTD. 5/06/2009 ISSUEDTO 9TH RESPONDENT BY THE 6TH RESPONDENT PANCHAYAT. R11(I): COPY OF LICENSE, DTD. 5/06/2009 ISSUED TO 10TH RESPONDENT BY THE 6TH RESPONDENT PANCHAYAT. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------- W.P.(C) No. 12945 of 2009 -------------------------------- Dated this the 17th day of February, 2010. JUDGMENT The petitioner, who is a resident of Naranganam Panchayat, has filed this writ petition aggrieved by the running of a quarry by respondents 8 to 12 utilising the explosives licence standing in the names of respondents 13 and 14. The pleadings disclose and it is conceded at the Bar that in relation to the very same subject matter, the petitioner has filed O.S. No.95 of 2009 in the Court of the Munisiff, Pathanamthitta and in that suit, reversing the order passed by the trial court, the Court of the District Judge, Pathanamthitta has by judgment delivered on 14.9.2009 in CMA No.24 of 2009 issued an interim order of injunction restraining the defendants therein and their men from operating the quarry otherwise than in compliance with the provisions of law, subject to the supervision of the District Authorities under the Mining and Geology Department and under the Explosives Act. The court below has also directed the authorities under the said enactments to furnish weekly reports to the trial court regarding the daily functioning of the quarry. W.P.(C). No. 12945 of 2009 2 In my opinion, in view of the fact that the petitioner has already instituted a civil suit, he should pursue the suit instead of invoking the jurisdiction of this Court under Article 226 of the Constitution of India The writ petition is accordingly closed leaving open the contentions of both sides to be agitated in the suit. The rights of parties shall stand governed by the judgment delivered by the Court of the District Judge in CMA No.24 of 2009 during the pendency of the suit, so long as the said judgment remains in force. P.N.RAVINDRAN Judge vps W.P.(C). No. 12945 of 2009 3