IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 2587 of 2011(W) ------------------------- PETITIONER: ------------------- V.O.CLEMENT, AGED 51 YEARS, S/O.LATE OUSEPH, VARAYILAN HOUSE, THURAVUNGARA P.O., KANJOOR, NEAR KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY SECRETARY, (REVENUE DEPARTMENT), GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695006. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM-682030. 3. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT-682031. 4. THE TAHSILDAR, ALUVA, ERNAKULAM DISTRICT-683560. 5. MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT-683020. 6. KANJOOR GRAMA PANCHAYATH, KANJOOR, THURAVUNGARA P.O., ERNAKULAM DISTRICT - 683575. 7. VILLAGE OFFICER, VADAKKUMBHAGOM, KANJOOR, ERNAKULAM DISTRICT-683575. 8. ELSY JAMES, W/O.JAMES, PARACKAL HOUSE, AGED 52 YEARS, THURAVUNGARA P.O., KANJOOR-683575, ERNAKULAM DISTRICT. 9. JAMES, S/O.LATE ANTONY, AGED 56 YEARS, PARACKAL HOUSE, THURAVUNGARA P.O., KANJOOR-683 575, ERNAKULAM DISTRICT. R1 TO 5 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH R6 BY ADV. SRI.T.SAJI R8, 9 BY ADVS. SRI.SAIBY JOSE KIDANGUR SRI.ANIL K.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2011, ALONG WITH WP(C) NO.3760/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 2587 of 2011(W) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 6.9.2010. EXT.P2. COPY OF THE COMPLAINT SUBMITTED BEFORE THE RDO, FORT KOCHI DATED 2.8.2010. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) Nos.2587 & 3760 of 2011 -------------------------- Dated this the 28th February, 2011 J U D G M E N T In W.P (C) No.2587/2011, the petitioner has the following prayers: "a. Issue a writ of mandamus commanding or other appropriate writ, order or direction commanding respondents No.1 to 7 to restrain the respondents No.8 & 9 and their men from excavation of soil and sand from their properties and puramboke land close to the petitioners property in Sy No.293/201 of Vadakkumbagom Village, Aluva Taluk, Ernakulam District. b. Issue writ of mandamus or other appropriate writ or direction commanding the respondents No.1 to 7 to take immediate and effective steps against illegal excavation of soil, sand and minerals by the respondents No.8 and 9, very adjacent to the petitioners property in Sy. No.293/21 of Vadakkumbhagam village, Ernakulam District. c. Issue a writ of mandamus commanding the 3rd respondent to implement its order dated 2/8/2010 and thereby prevent the respondents No.8 and 9 from the excavation of soil and sand" 2. When the matter came up for consideration before this Court on 8.2.2011, the following interim order was passed: W.P (C) Nos. 2587 & 3760 of 2011 2 "In this case an interim order dated 25.1.2011 was passed. The affected party, thereafter has filed W.P (C) No.3760/2011 contending that inspite of the permit dated 27.1.2011 obtained by him, in view of the interim order passed by this Court stop memo has been issued by the Geologist on 31.1.2011. That stop memo is challenged in W. (C) No.3760/2011. The main grievance of the petitioner in W.P (C) No.2587/2011 is that sand is allowed to be mined, in violation of the provisions contained in the Kerala Minor Mineral Concession Rules causing danger to his house. This is a matter for the Geologist to examine. Therefore I direct that the Geologist will inspect the land in relation to which permit dated 27.1.2011 has been issued and thereafter will file a report before this Court duly adverting to the allegations made by the petitioner in W.P (C) No.2587/2011. Petitioner shall produce a copy of this order along with a copy of the writ petition before the Geologist who shall file a report within 10 days from today." 3. Writ Petition No.3760/2001 has been filed by the petitioners therein, seeking to set aside Ext.P6 'stop memo' and to permit the petitioners to proceed with the quarrying operations, which are stated as being conducted on the basis of all the requisite licenses. It is also brought to the notice of this Court that Ext.P6 'stop memo' has been W.P (C) Nos. 2587 & 3760 of 2011 3 issued because of the pendency of the Writ Petition No.2587/2011 and nothing else. 4. During the course of hearing, the learned counsel appearing for the petitioners in both the cases submit that the issue between the petitioners has already been settled out of Court and that both the petitioners do not intend to press the matter any further. In the said circumstances, both the writ petitions are dismissed as not pressed. It is made clear that Ext.P6 stop memo is of no consequence. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) Nos. 2587 & 3760 of 2011 4