IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21579 of 2010(V) ------------------------------------- PETITIONER(S): ------------------------- ABDUL REHMAN K.K., KARUKUNNATH HOUSE, PERINGALA P.O., KUMARAPURAM (VIA), PIN - 683565. BY ADV. SRI.LEGY ABRAHAM SMT.V.V.RISANI RESPONDENT(S): ---------------------------- 1. THE ARAKKUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ARAKKUZHA P.O, MUVATTUPUZHA (VIA), PIN-686672. 2. THE SECRETARY, ARAKKUZHA GRAMA PANCHAYAT, ARAKKUZHA P.O., MUVATTUPUZHA (VIA),PIN-686672. 3. STATE OF KERALA, REPRESNTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVT. SECRETARIAT, THIRUVANANTHAPRUAM - 695001. R3 BY GOVT. PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------- W.P.(C) No.21579 OF 2010 -------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner's case is that he has started a granite quarry in his property for which, he has obtained permits from the Department of Mining and Geology (Ext.P1), consent from the Kerala State Pollution Control Board (Ext.P2), licence from the Ministry of Commerce and Industry Petroleum and Explosives Safety Organisation (PESO) (Ext.P3). It is further pointed out that the Additional District Magistrate has issued No Objection Certificate for the explosive licence also. 2. The petitioner started mining operation in the 2nd week of November, 2009 with the help of a licenced blastmen, namely, E.K.Jose. He moved the Panchayat for getting a licence. But, according to the petitioner, he was informed that there is no need for licence to be issued by the Panchayat. It is further contended that the petitioner was given a reply as per Ext.P5 to the effect that the Panchayat has not published any notification under Section 232 (1) of the Kerala Panchayat Raj Act, 1994 read with Rule 3 in the Gazette. W.P.(C) No.21579/2010 2 3. Presently, the petitioner is aggrieved by Ext.P6 stop memo issued by the Panchayat stating that he is conducting the quarry without a licence. He has submitted Ext.P7 explanation in the matter, after producing copies of all the licences and the No Objection Certificate issued by the Additional District Magistrate. 4. The petitioner has stopped the operation of the quarrying already and therefore, it is submitted that the Secretary may be directed to consider Ext.P7 explanation within a short time and pass appropriate orders thereon. There will be a direction to the Secretary of the Panchayat, the 2nd respondent herein, to take a decision on the explanation submitted by the petitioner, as per Ext.P7, within a period of two weeks from the date of production of a copy of this judgment, after hearing the petitioner. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ps