IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 697 of 2009(G) ------------------------ PETITIONER(S): 1 --------------------- K.R.JAYAN, S/O.RAJAN, KOVATTU HOUSE, THURAVOOR VILLAGE, KIDANGOOR PO., ANGAMALY, ERNAKULAM. BY ADV. MR.WILSON URMESE MR.M.C.ANTONY RESPONDENT(S): --------------- 1. AYYAMPUZHA GRAMA PANCHAYAT REP. BY ITS SECRETARY, AYYAMPUZHA-683581. 2. POULO POULO, PULLAN HOUSE, AMALAPURAM, AYYAMPUZHA-683581, ERNAKULAM. 3. RAPPAI, S/O.AUGUSTHY, PAYYAPPALLY HOUSE, AMALAPURAM, AYYAMPUZHA-683581. ERNAKULAM. ADV. MS.K.K.THULACY BHAI FOR R1 MR.A.C.DEVY FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 697 of 2009 EXT.P1: COPY OF SURVEY MAP NO.876/2007 ISSUED BY THE VILLAGE OFFICER, AYYAMPUZHA. EXT.P2: COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT PANCHAYAT TO OPERATE THE QUARRY. EXT.P3: COPY OF THE QUARRYING LEASE DTD 15.10.2007 ISSUED BY MININING & GEOLOGY DEPT. EXT.P4: COPY OF LETTER OF AUTHORITY ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES DTD 31.3.2008. EXT.P5: COPY OF THE CONSENT ISSUED BY THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DTD 28.12.2007. EXT.P6: COPY OF NOTICE DTD 9.12.2008 ISSUED BY R1. EXT.P7: COPY OF THE OBJECTION DTD 22.12.2008 SUBMITTED BY THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 697 OF 2009 ---------------------------------------- Dated this the 27th day of February, 2009 JUDGMENT The petitioner is aggrieved by Ext.P6 notice directing the petitioner to stop operation of a quarry, for which according to the petitioner, he has obtained all necessary licences, permits, consent etc. Though the petitioner has submitted Ext.P7 objection to Ext.P6 notice, no further steps have been taken pursuant thereto. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Call for the records leading to the case; ii) Issue a Writ of Certiorari quashing Ext.P6; iii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1 st respondent to consider Ext.P7 and drop all proceedings pursuant to Ext.P6 and permit the petitioner to run the quarry without any interruptions”. 2. I have heard the parties. I am of opinion that having issued Ext.P6 notice, the 1st respondent has to take it to its logical conclusion by passing a final order either way. In the above circumstances, this writ petition is disposed of W.P.(c)No.697/09 2 with a direction to the 1st respondent to pass final orders pursuant to Ext.P6 notice considering Ext.P7 objection filed by the petitioner and affording an opportunity of being heard to the petitioner as well as respondents 2 and 3 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.697/09 3