IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 12693 of 2008(J) -------------------------------------- PETITIONER: ------------------- AJITH GEORGE, S/O.LATE P.K.GEORGEKUTTY, PEMPILAKUNNEL HOUSE, KLATHUKADAVU P.O., KOTTAYAM DISTRICT. BY ADV. MR.SELVIN ABRAHAM. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM. 3. E.P.RAJAN, ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM. 4. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION, C-2, III FLOOR, KENDRIYA BHAVAN, KAKKANAD, COCHIN-682 037. 5. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION, MARSHALL ROAD, CHENNAI. 6. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM. 7. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM. W.P.(C). NO.12693/2008-J: 8. THE SECRETARY, MOONNILAVU GRAMA PANCHAYATH, MOONNILAVU P.O., KOTTAYAM DISTRICT. 9. LORENCE JOSEPH, NAMBUDAKATH HOUSE, MOONNILAVU P.O., KOTTAYAM DISTRICT. R1, R2 & R6 BY GOVT. PLEADER SMT. SUDHA DEVI, R4 & R5 BY MR. P.PARAMESWARAN NAIR, ASST.S.G, R7 BY MR. M.K. CHANDRAMOHAN DAS, SC, R8 BY ADV. MR. GEORGE KUTTY, R9 BY ADV. MR. V. SAJITH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12693/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE `NO OBJECTION CERTIFICATE' NO.H4-10730/06/K DIS DTD. 17/03/2006 ISSUED BY THE R.2. TO THE R.9. EXT.P.2: COPY OF THE RECEIPT NO. 72 DTD. 06/04/2006 FOR RS.9,192/- ISSUED BY THE R.6 ON IMPOSING PENALTY FOR UNAUTHORIZED QUARRYING IN THE GOVERNMENT LAND. EXT.P.3: COPY OF THE FORM 22 LICENCE NO.E/SC/KL/22/778 (E36305) DTD. 06/04/2006 ISSUED BY THE R.5. TO THE R.9. EXT.P.4: COPY OF THE LOCATION SKETCH SUBMITTED BY THE R.9 BEFORE THE R6. EXT.P.5: COPY OF THE `OBJECTIONS' DTD. 19/12/2007 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.6: COPY OF THE PROCEEDINGS NO. H4-26890/07 DTD. 05/01/2008 OF THE R.2. REVOKING EXT.P.1. NOC. EXT.P.7: COPY OF THE COMPLAINT DTD. 15/01/2008 FILED BY THE PETITIONER BEFORE THE R.4. EXT.P.8: COPY OF THE CAVEAT PETITION NO. 8 OF 2008 DTD. 16/01/2008 FILED BY THE R.9 BEFORE THE HONOURABLE SUB COURT, PALA. EXT.P.9: COPY OF THE PROCEEDINGS NO. H4-26890/07 DD. 18/01/2008 OF THE R.2. DIRECTING SUPERINTENDENT OF POLICE, KOTTAYAM AND REVENUE DIVISIONAL OFFICER TO TAKE ACTION AND SEIZE EXPLOSIVES FROM THE R.9. EXT.P.10: COPY OF THE PROCEEDINGS NO. H4-26890/07 DTD. 15/02/2008 OF THE R.2 REVIVING EXT.P.1. NOC. EXT.P.11: COPY OF THE REPORT NO.B5-5543/06 DTD. 14/01/2008 SUBMITTED BY THE R.3. IN HIS CAPACITY AS THE TAHSILDAR, MEENACHIL. EXT.P.12: COPY OF THE LETTER NO. E/SC/KL/22/778 (E36305) DTD. 10/01/2008 ISSUED BY THE R.4. GRANTING PERMISSION TO THE R.9 TO SHIFT THE MAGAZINE. W.P.(C). NO.12693/2008-J: EXT.P.13: COPY OF THE REPRESENTATION DTD. 01/03/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1. COMPLAINING ABOUT THE GRAVE ILLEGALITIES COMMITTED BY THE R.2. IN ISSUING EXT.P.10 PROCEEDINGS. EXT.P.14: COPY OF THE JUDGMENT DTD. 13/07/2007 RENDERED BY THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO. 214/07. //TRUE COPY// P.A. TO JUDGE. Prv. V.GIRI, J ------------------- W.P.(C).12693/2008 -------------------- Dated this the 1st day of April, 2009 JUDGMENT Petitioner, a School teacher residing near a quarry stated to be owned by the ninth respondent, has approached this Court inter alia seeking a direction to the District Collector to consider and pass orders on Ext.P13 representation. It is alleged by the petitioner that the quarry is operated by the ninth respondent in contravention of the provisions of the Explosives Act and Rules and in contravention of the conditions under which consent has been issued by the Pollution Control Board. Reference is made to Ext.P9 under which an Additional District Magistrate had directed the police authorities to take necessary action to stay the quarrying in the site on the ground that the licensee is repeatedly violating the existing directions. This was revoked under Ext.P10 order by an another Additional District Magistrate, who is alleged to have been earlier a Tahsildar, acting on his own report. W.P.(C).12693/2008 2 There upon, the petitioner filed Ext.P13, inter alia seeking action against the conduct of the quarry and also against the Additional District Magistrate who had taken action as per Ext.P10. 2. Learned counsel representing the learned Assistant Solicitor General makes available a copy of an order passed by the Director General of Mines Safety under Section 22(3) of the Mines Act prohibiting the employment of any workforce in the mine. It is also mentioned therein that the Director of Mines Safety is convinced that there is an urgent and immediate danger to the life and safety of the persons who are employed in the mine for extraction of stone. 3. The communications issued by the Director General of Mines Safety which are orders under the statute, are obviously binding on the licensee, if they are valid, operative and current. In the circumstances, these proceedings ought to be taken note of by the District Collector. In view of W.P.(C).12693/2008 3 the allegations raised against the author of Ext.P10, it is appropriate that the District Collector takes action on Ext.P13. Petitioner shall produce copies of the orders stated to have been issued by the Director General of Mines Safety. Learned counsel for the petitioner submits that the proceedings of the Director General of Mines Safety are available with the District Collector, but nevertheless they have not been noticed. 4. I find that no counter affidavit has been filed by the ninth respondent so far. In these circumstances, I am of the view that the District Collector shall personally pay attention to Ext.P13 and the grievances raised by the petitioner therein. 5. Accordingly, writ petition is disposed of directing the District Collector, the first respondent, to urgently consider Ext.P13 representation. He shall also consider the existence and currency of the orders issued by the Director General of Mines Safety, prohibiting the employment of workforce in W.P.(C).12693/2008 4 the quarry stated to be operated by the ninth respondent. Suitable action shall be taken by the District Collector after hearing the petitioner as also the ninth respondent, as early as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. 6. It is made clear that the ninth respondent shall not operate the quarry, if he has been prohibited from doing so by the Director General of Mines Safety. Collector shall verify whether the quarry is being operated with any current license issued under the Explosive Rules and if there are any applications for renewal of other licences, a decision shall be taken only after hearing the petitioner and also after a decision is taken on Ext.P13. V.GIRI, Judge mrcs