IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 21450 of 2006(C) -------------------------------------- PETITIONERS: -------------------- 1. RAMACHANDRAN, S/O.SANKARAN PILLA, AGED 50 YEARS, ANAYAPPAN CHALLA, PUDUSSERI EAST VILLAGE, PUDUSSERI AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. ADBUDA SWAMY, S/O.SANDYAVU, AGED 72 YEARS, ANAYAPPAN CHALLA, PUDUSSERI EAST VILLAGE, PUDUSSERI AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE DISTRICT GEOLOGIST, PALAKKAD. 3. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, POWER HOUSE EXTENSION ROAD, ERNAKULAM NORTH, COCHIN-18. 4. PUDUSSERI GRAMAPANCHAYATH, REP. BY ITS SECRETARY, PUDUSSERI, PALAKKAD. 5. DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 6. S.K.KUMARAN, S/O.SUBRAMANYAN PILLA, AGED 48 YEARS, ANAYAPPAN CHALLA, PUDUSSERI EAST VILLAGE, PUDUSSERI AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. W.P.(C).21450/2006-C 7. S.K.PREMKUMAR, S/O.SUBRAMANYAN PILLA, AGED 42 YEARS, ANAYAPPAN CHALLA, PUDUSSERI EAST VILLAGE, PUDUSSERI AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1, R2, R5 ADV. SRI.P.NARAYANAN FOR R6 & R7 ADV. SRI.M.C.RATNAKARAN FOR R6 & R7 ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R3 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).21450/2006-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAN SHOWING THE LIE OF THE PROPERTY SUBMITTED BY ADVOCATE COMMISSIONER IN A SUIT BETWEEN THE PARTIES ON 10/10/94. EXT.P2: COPY OF THE DECREE DATED 29/10/97 PASSED BY THE SUB COURT, PALAKKAD. EXT.P3: COPY OF THE REPRESENTATION DATED 19/06/2006 SUBMITTED BY THE PETITIONERS. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF THE LATEST QUARRYING PERMIT DATED 27/09/2006 ISSUED UNDER THE KERALA MINOR MINERAL CONCESSION RULES. EXT.R6(b): COPY OF THE EXPLOSIVE LICENSE DATED 20/07/2006 ISSUED BY THE GOVT. OF INDIA. EXT.R6(c): COPY OF THE LICENSE NO.367/2006-07 ISSUED BY THE 4TH RESPONDENT PANCHAYATH. EXT.R6(d): COPY OF THE COMMON JUDGMENT DATED 29/10/1997 IN OS NO.87 OF 1994 AND OS NO.641 OF 1996 OF THE SUB COURT PALAKKAD. // TRUE COPY // P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 21450 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- i. To issue a writ of mandamus or any other writ in the like nature or direction or order directing the 1st respondent to issue appropriate orders prohibiting the blasting of rocks by respondents 6 & 7 without possessing the required licenses from the statutory authorities and as provided under law. It is made clear that respondents 6 and 7 shall not operate the quarry without any valid lincence and in case there is any valid licence they shall not be interfered with by the respondents. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.21450 of 2006 ----------------------------------- JUDGMENT 5th September, 2008