IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 15041 of 2008(N) ------------------------------------- PETITIONER: -------------------- V.J.GEORGE, AGED 48 YEARS, S/O.JOSEPH, VILANGAPARAYIL HOUSE, PERIYAPPURALAM P.O., THIRUMARADY, ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU P.O., ERNAKULAM DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, MOOVATTUPUZHA P.O., ERNAKULAM DISTRICT. 3. TAHSILDAR, TALUK OFFICE, MOOVATTUPUZHA P.O., ERNAKULAM DISTRICT. 4. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANADU P.O. ERNAKULAM DISTRICT. 5. P.P.JOSEPH, VILANGAPARAYIL HOUSE, EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.ELAYATH FOR R5 SRI.E.N.VISHNU NAMBOODIRI FOR R5 GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15041 of 2008(N) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - TRUE COPY OF THE QUARRYING PERMIT DATED 28.4.2008 WHICH WAS VALID UP TO 27.7.2008 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P2 - TRUE COPY OF THE PANCHAYATH LICENSE ISSUED BY THE THIRUMARADY GRAMAPANCHAYATH TO THE PETITIONER DATED 28.4.2008. EXT.P3 - TRUE COPY OF THE CONSENT GRANTED BY THE POLLUTION CONTROL BOARD DATED 6.9.2007 WHICH IS VALID UP TO 31.12.2009. EXT.P4 - TRUE COPY OF THE FORM 22 LICENSE ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES DATED 2.4.2008 VALID UP TO 31.2.2010. EXT.P5 - TRUE COPY OF THE CERTIFICATE OF THE MINES MATE DATED 23.3.1998 ISSUED UNDER THE MEATALLIFEROUS MINES REGULATION 1961. EXT.P6 - TRUE COPY OF THE JUDGMENT DATED 15.1.2004 IN W.P.(C) NO. 1485 OF 2004 ISSUED BY THIS HONORABLE COURT. EXT.P7 - TRUE COPY OF THE PERMANENT PROHIBITORY ORDER DATED 3.3.2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8 - TRUE COPY OF THE REPORT DATED 18.3.2003 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P9 - TRUE COPY OF THE REPORT DATED 19.3.2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P10 - TRUE COPY OF THE REPORT DATED 29.3.2008 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P11 - TRUE COPY OF THE REPORT DATED 31.3.2008 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT. EXT.P12 - TRUE COPY OF THE STOP MEMO DATED 5/5/2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1(a) - A TRUE COPY OF THE LETTER DT.25.2.2008 ISSUED BY THE INSPECTOR GENERAL OF POLICE TO THE FIRST RESPONDENT. EXT.R5(a) - TRUE COPY OF THE REPORT DATED 14/11/2005 OF THE DY. INSPECTOR GENERAL OF POLICE, ERNAKULAM TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.R5(b) - TRUE COPY OF THE REPORT DATED 7/2/2008 OF DEPUTY SUPDT. OF POLICE, NARCOTIC CELL, ALUVA TO THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL. TRUE COPY PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.15041 of 2008 ================== Dated this the 12th day of August, 2008. J U D G M E N T The petitioner has filed this writ petition challenging Exts.P7 and P12 orders prohibiting quarrying by the petitioner in the subject property, for which he holds a permit. On 28.7.2008, I passed the following interim order: “The Geologist shall inspect the property and file a report as to whether in view of the present measurements of the quarry, quarrying can be continued validly as per the permit. Post after two weeks.” The learned Government Pleader now produces for my perusal a report of the Geologist, in which the conclusion is as follows: “In these circumstances it is most humbly conclude that quarrying, in the northern half of Sy.No.1/4-3 now appears as a pit having an average length of 60 mts and breadth of 45 mts, can be continued safely. This respondent will also give specific instructions to the petitioner as relevant to the working of the quarry in time to time.” Accordingly, there would be a direction to the 4th respondent to issue appropriate fresh orders based on this W.P(C)No.15041 of 2008 - 2 - report, which shall be issued within a period of two weeks from the date of receipt of a copy of this judgment. Orders to be so issued shall be in modification of Exts.P7 and P12. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs