IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 8105 of 2007(M) ------------------------------------- PETITIONER: ------------------- NABEESA, AGED 43 YEARS, W/O.MUHAMMED, PUTHENPURACKAL, EDAVETTY POST, THODUPUZHA, IDUKKI DISTRICT. BY ADVS. MR.C.P.PEETHAMBARAN, MR.EBY P.PAUL. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, IDUKKI DISTRICT. 2. THE REVENUE DIVISIONL OFFICER, IDUKKI. 3. THE ADDL.DISTRICT MAGISTRATE, IDUKKI. 4. THE VILLAGE OFICER, KARIKODE VILLAGE. 5. THE GEOLOGIST,IDUKKI. 6. EDAVETTI GRAM PANCHAYATH, REP. BY ITS SECRETARY,EDAVETTI P.O., THODUPUZHA, IDUKKI. 7. KUNJU MUHAMMED, VELAMMAVUKUDIYIL HOUSE, MUTHALAKKODAM P.O., NARUKUTTI KARA, THODUPUZHA TALUK. 8. SAIDU, S/O.KUNJU MUHAMMED, VELAMMAVUKKUDIYIL HOUSE, MUTHALAKKODAM P.O., NARUKUTTI KARA, THODUPUZHA TALUK. W.P.(C). NO.8105/2007-M: 9. ABDUL KHADER, S/O.MAITHEEN,AKKOTHU HOUSE, EDAVETTY P.O., SASTHAMPARA KARA, KARIKKODU VILLAGE. R6 BY ADV. MR.P.K.BABU, R7 TO R9 BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8105/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PHOTOGRAPH SHOWING THE LIE AND NATURE OF THE QUARRY. EXT.P.2: COPY OF THE REPRESENTATION DTD. 06/12/2006 SUBMITTED BY THE 37 INHABITANTS BEFORE THE R.1. EXT.P.3: COPY OF THE RECEIPT DTD 14/02/2007 ISSUED BY THE R.6 FOR HAVING RECEIPT OF EXT.P.2. RESPONDENTS' EXHIBITS: EXT.R8.A: COPY OF THE COMMON ORDER DTD. 12/01/07 IN I.A. 1621/06 IN O.S. 348/06 IN I.A. 1604/06 IN O.S. 343/06 OF THE MUNSIFF COURT, THODUPUZHA. EXT.R8.B: COPY OF THE PROCEEDINGS OF THE EDAVETTY GRAMA PANCHAYATH DTD. 23/06/07. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 8105 of 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April, 2009 J U D G M E N T The petitioner is residing very near to the property of the respondents 7 to 9 where they have started quarrying operations; that too without any licence or permit from the authorities concerned. 2. When the matter came up for consideration on 12.03.2007, an interim order was passed, holding that the 1st respondent would ensure that no blasting activity in the land referred to in Exhibit P2 would be carried out, unless the persons involved in such activity have obtained all the requisite licences in this regard. Subsequently, as per order dated 25.07.2007, it was modified, making it clear that neither the above interim order nor the pendency of the writ petition would stand in the way of the statutory authorities in considering the application, if any, submitted by the respondents t to 9 for the renewal of the licence, permit or NOC. The learned counsel for the petitioner submits that there is already an interim order of injunction granted by Civil Court against carrying out the quarrying operations. It is further submitted that though the respondents 7 to 9 have been carrying out such activities even without any regard to the interim order of injunction granted by the Civil Court, such activities have come to an end on passing the interim order by this Court. W.P.(C) No. 8105 of 2007 -:2:- 3. The learned counsel for the respondents 7 to 9 referring to the contents of the counter affidavit filed by them submits that there is absolutely no basis – legal or factual for the averments and allegations raised in the petition and that no quarrying operation is being pursued as on date. 4. Considering the facts and circumstances, the writ petition is disposed of, making it clear that no quarrying operations shall be pursued in the concerned property by any body, otherwise than in accordance with law, i.e. on the basis of the requisite licence/permit to be obtained and it will be for the concerned authorities to ensure the same. P.R.RAMACHANDRA MENON, JUDGE kmd.