IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 1496 of 2007(C) --------------------------------------- PETITIONER(S): -------------------------- 1. KUMARI, W/O.RAJAN, AGED 41 YEARS, IRINJAPILLY HOUSE, POOVANCHIRA P.O., PANANCHERY VILLAGE, THRISSUR DISTRICT. 2. OUSEPH, S/O.VARKEY, NAMBADAN PARU HOUSE, POOVANCHIRA P.O., PANANCHERY VILLAGE, THRISSUR DISTRICT. 3. UMA SEKHARAN, W/O.LATE SEKHARAN, ANAND BHAVAN, POOVANCHIRA P.O., PANANCHERY VILLAGE, THRISSUR DISTRICT. 4. GOPINATHAN, S/O.KONNAN, VELLUPARAMBIL HOUSE, POOVANCHIRA P.O., PANANCHERY VILLAGE, THRISSUR DISTRICT. 5. P.P.BABY, PANDIYAM KATTAYIL HOUSE, POOVANCHIRA P.O., PANANCHERY VILLAGE, THRISSUR DISTRICT. 6. K.M.RAJAN, S/O.MADHAVAN, KAITHAVALAPPIL HOUSE, POOVANCHIRA P.O., PANANCHERY VILLAGE, THRISSUR DISTRICT. BY ADV. MR.JIJO PAUL RESPONDENT(S): --------------------------- 1. KRISHNA KURUP, S/O.AYYAPPAN MARAR, KRISHNA NILAYAM, POOVANCHIRA, PANANCHERY VILLAGE, THRISSUR DISTRICT. Kss ..2/- ...2..... WPC.NO.1496/2007 C 2. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI, 140, MARSHALLS ROAD, EGMORE, CHENNAI- 600 008. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE ENVIRONMENTAL ENGINEER, THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR, THOTTEKKATTU LANE, POOMKUNNAM, THRISSUR- 680 002. 5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM, 43/350, POWERHOUSE EXTENSION ROAD, ERNAKULAM NORTH, COCHIN-682 018. 6. THE PANANCHERY GRAMA PANCHAYATH, PANANCHERY GRAMA PANCHAYATH OFFICE, THRISSUR DISTRICT,REPRESENTED BY ITS SECRETARY. 7. THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR. R3 & R7 BY GOVERNMENT PLEADER MR. P.K.RAVIKRISHNAN R1 BY ADVS. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN, MR.A.S.SABU. R4 BY ADV. MR. M.K.CHANDRAMOHAN DAS, SC, PCB BY ADV. MR.JOHN VARGHESE, ASSISTANT SG BY ADV. MR.D.SOMASUNDARAM, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1496/2007 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DTD. 18/12/2006 BEFORE THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J. ====================== W.P.(C) No.1496 of 2007 ====================== Dated, this the 23rd day of March, 2009 J U D G M E N T The petitioners have approached this Court mainly to restrain the first respondent from operating the Quarry/Crusher unit in the property in question, since it is situated within the prohibited distance, particularly when the first respondent is stated as running the Unit quite illegally, without obtaining the necessary licence provided under the relevant provisions of law. 2. Earlier, taking note of the counter affidavit filed by the official respondents, it was observed by this Court, on 30.3.2007, that the concerned authorities have not issued any licence to the first respondent and in the said circumstances, this Court had passed an interim order staying the work in the Quarry run by the first respondent. Despite having entered appearance, the first respondent has not chosen to file any counter affidavit, nor has he produced the licence, if any, issued by the authorities under W.P.(C) No. 1496/2007 -:2:- the Explosives Act and Rules; the 'consent to establish' and 'consent to operate' given by the Pollution Control Board; the licence issued by the concerned local authority etc. It is also pertinent to note that the first respondent has not come forward seeking to review the interim order passed above two years ago. It is pointed out by the learned Senior Government Pleader appearing for the official respondents that the Quarry is not in operation as on this date. 3. In the above facts and circumstances, the interim order passed by this Court on 30-3-2007 is made absolute. It is declared that the first respondent cannot operate the Quarry/Crusher Unit in so far as he has not acquired the necessary licence contemplated under the relevant provisions of law. The writ petition is allowed as above. P.R.RAMACHANDRA MENON, JUDGE. skr