IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 7478 of 2005(M) ------------------------- PETITIONER(S): --------------- 1. N.U.SABU S/O. ULAHANNAN, NADUKKUDIPUTHENPURAYIL HOUSE, SOUTH MARADY, MUVATTUPUZHA TALUK. 2. PALLYAN KUNJAPPAN, PARAYIL, PUTHENPURAYIL HOUSE, SOUTH MARADI, MARADI VILLAGE, MUVATTUPUZHA TALUK. 3. MANOJ S/O. VARGHESE, PONTHAVANAL, SOUTH MARADI, MUVATTUPUZHA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD. 2. MARADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARADY, MUVATUPUZHA TALUK. 3. THANKACHAN S/O. PATHROSE, KANNOKKATTU HOUSE, MARADY KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. ADV. SRI.T.K.RAJESHKUMAR FOR R3 SRI.M.P.MADHAVANKUTTY FOR R2 GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 7478/2005. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF PETITION DT. 1-2-2005. EXT.P2 DO. DT. 1-2-2005. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R2(a) NOTICE DT. 10-2-2005. EXT.R2(b) NOTICE DT. 21-2-2005. EXT.R2(c) LETTER DT. 11-2-2005. EXT.R2(d) LETTER DT. 11-2-2005. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 7478 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd October, 2008. J U D G M E N T Petitioners have filed this writ petition complaining that the 3rd respondent is conducting quarrying operations in 1 acre and 30 cents of land within the jurisdiction of the 2nd respondent-Panchayat without obtaining a licence. The petitioners therefore seek the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to take immediate and effective action against the illegal storage and using of explosives by the 3rd respondent/ ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to take immediate measures to stop the illegal quarrying operation in the property of the 3rd respondent i.e. nearly one acre 30 cents in Sy. Nos. 1066/2A and 1066/2B of Marady village, Muvattupuzha Taluk.” 2. The 2nd respondent-Panchayat has filed a counter affidavit stating that the 3rd respondent has not obtained any licence for quarrying and therefore a show cause notice Ext. R2(a) and a stop memo Ext. R2(b) have been issued to the 3rd respondent. Since the 3rd respondent did not comply with the same, Ext. R2(c) letter has been issued to the 1st respondent informing about the illegal activities of the 3rd respondent. A letter Ext. R2(d) was also issued to Deputy Superintendent of Police, Muvattupuzha seeking police assistance to enforce the stop memo issued against the 3rd respondent. However, it is stated in the counter affidavit that in spite of these efforts, the 3rd respondent is continuing illegal quarrying operation. 3. The 3rd respondent has not filed any counter affidavit before this Court . None appears for the 3rd respondent also to oppose the writ petition. In view of the counter affidavit, it is abundantly clear that the 3rd respondent cannot continue the quarrying operations. Accordingly, respondents 1 and 2 shall take appropriate steps to see W.P.C. No. 7478/2005. -: 2 :- that the 3rd respondent does not continue quarrying operations in the land in question. The Deputy Superintendent of Police, Muvattupuzha shall see that appropriate assistance is given to the 2nd respondent to see that the 3rd respondent does not continue with the quarrying operations. The writ petition is disposed of as above. S. Siri Jagan, Judge. Tds/