IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 RP.No. 814 of 2010(K) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33914/2004 Dated 28/05/2010 ................... REVIEW PETITIONER / 7TH RESPONDENT : --------------------------------------------------------------- SASIDHARAKURUP, S/O. KRISHNA KURUP, RESIDING AT PANAVILA VEEDU, ELAMBA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA RESPONDENTS / PETITIONER & RESPONDENTS 1 TO 6 : -------------------------------------------------------------------------------- 1. S.HRIDHAYAKUMARI, D/O. RAMACHANDRAN, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAND REVENUE, THIRUVANANTHAPURAM - 01. 3. THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM - 01. 4. THE GEOLOGIST, DISTRICT OFFICE OF THE MINING AND GEOLOGY, THIRUVANANTHAPURAM - 04. 5. THE TAHSILDAR, TALUK OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. 6. THE VILLAGE OFFICER, ELAMBA VILLAGE, TRIVANDRUM - 10. 7. THE SECRETARY, MUDDAKKAL GRAMA PANCHAYAT, THIRUVANANTHAPURAM - 691 010. R2 TO R6 BY GOVT. PLEADER SRI. C.K. GOVINDAN R7 BY ADV. SRI. C.R. SIVAKUMAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- RP.No. 814 of 2010(K) APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1 : COPY OF THE SALE DEED NO. 271/06 DATED 28.07.2006 EXECUTED BY THE PETITIONER IN FAVOUR OF SRI. AMBILI KUMAR, BROTHER OF THE PETITIONER. ANNEXURE A2 : COPY OF RECEIPT NO. 1587934 DATED 21.06.2010 ISSUED BY VILLAGE OFFICER, ELEMBA. ANNEXURE A3 : AFFIDAVIT SWORN TO BY THE PETITIONER'S BROTHER AMBILI KUMAR. RESPONDENT'S ANNEXURE'S : ANNEXURE R3(a) : COPY OF THE SALE DEED NO. 2171/06 DATED 28.07.2006. //TRUE COPY// P.S. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- R.P.NO.814 OF 2010 in W.P.(C) No. 33914 of 2004 ---------------------------------------------- Dated this the 11th day of July, 2011 ORDER The 7th respondent in the writ petition has filed this review petition seeking review of the judgment in view of the changed circumstances. The petitioner in the writ petition complained that the quarrying done by the 7th respondent in the writ petition is dangerous to the life of the petitioner and her family. After considering a report submitted by the 2nd respondent in the writ petition, I was satisfied that the quarrying is dangerous to life of others and accordingly, I directed respondents 1 to 6 in the writ petition to take immediate steps to stop the quarrying. The 7th respondent in the writ petition now submits that he has purchased the property of the petitioner in the writ petition and the petitioner has left the place also. Now there is no house anywhere near the quarry and therefore, there cannot be any danger to any human life now. In the above circumstances, the 7th respondent in the writ petition seeks review of my judgment. R.P.No. 814/10 2 I issued notice in this review petition to the petitioner in the writ petition. She has not chosen to enter appearance and to contest the review petition. An additional affidavit has been filed by the 4th respondent in the review petition, which reads as follows: “I, C. Thambu Cherian, aged 48 years, S/o. C.M. Cherian, residing at Thiruvananthapuram, now at Ernakulam do hereby solemnly affirm and state as follows: 1. I am the Geologist, District Office of the Mining & Geology, Thiruvananthapuram and the 4th respondent in the above Review Petition. I know the facts of the case as disclosed from relevant records. 2. It is most humbly submitted that a quarrying lease was granted to Sri. Sasidhara Kurup to quarry Granite Building Stone from an area of 0.4282 hectares of land comprised in Sy. No.158/1, 158/10 part & 156/14 part of Block No.44 of Elamba Village, Chirayinkeezhu Taluk of Thiruvananthapuram District for 12 years under Kerala Minor Mineral Concession Rules, 1967 by the Director of Mining and Geology, Thiruvananthapuram. The quarrying lease deed was executed by Sri. Sasidhara Kurup and this respondent on 08.08.2006 and the deed was got registered also. After the registration is over, Sri. Sasidhara Kurup has been granted movement permits to transport Granite Building Stone after realising royalty as per KMMC Rules, 1967 and the validity of the last movement permit expired on 20.08.2010. 3. It is submitted that based on the judgment of this Honourable Court in W.P.(C) No.33914/2010, the quarrying operation was stopped and appropriate orders were issued to Sri.Sasidhara Kurup in respect thereof. Now, Sri. Sasidhara Kurup has filed this Review Petition. 4. It is respectfully submitted that Sri. Ambili Kumar has given consent to his brother Sri. Sasidhara Kurup the Review Petitioner also. This respondent inspected the area and also R.P.No. 814/10 3 perused connected documents and is convinced that the contentions of the Review Petitioner are true. Now, the nearest residential house is 300 mt. away from the quarry in question. The Committee constituted by the District Collector has also decided to permit the operation of Granite quarries having all mandatory licences. Under these changed circumstances, if this Honourable court so pleases, the Review Petitioner can be allowed to operate his quarry under the grant already ordered by the Director of Mining and Geology and got executed and registered”. In view of the same, if the petitioner in the review petition has all the required licences and permits for running the quarry, respondents 1 to 6 can permit the petitioner to continue quarrying on the conditions to be stipulated by them. With the above modification of the judgment, this review petition is disposed of. S. SIRI JAGAN, JUDGE acd R.P.No. 814/10 4 R.P.No. 814/10 5