IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 6380 of 2009(N) --------------------------------------- PETITIONER(S): -------------------- M.D.GEORGE & CO.REPRESENTED BY M.D.GEORGE,MANAGING PARTNER, MADAPALLIL HOUSE OORAKATTU KARA, EDATHALA PO, ERNAKULAM. BY SRI.P.JACOB VARGHESE, SENIOR ADVOCATE BY ADV. SRI.T.R.RAJAN RESPONDENT(S): -------------------------- THE SECRETARY VADAVUCODE-PUTHENCRUZ GRAMA PANCHAYAT, PUTHENCRUZ PO, ERNAKULAM DISTRICT. *ADDL. R2 & R3 IMPLEADED 2. T.G.LAL, S/O. T.P. GEORGE, THURUTHEL HOUSE, VADAVUKODE P.O., PUTHENCRUZ, ERNAKULAM DISTRICT. 3. P.M.VARGHESE, S/O. MATHAI, KUROORPOTTAYIL, VADAVUKODE P.O., PUTHENCRUZ, ERNAKULAM DISTRICT. *ADDL. R2 & R3 ARE IMPLEADED AS PER ORDER DT. 13.03.2009 ON IA. 3369/2009. R1 BY ADVS. SRI.M.P.MADHAVANKUTTY, SRI.GOKUL DAS V.V.H. ADDL. R2 & R3 BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SRI.P.VIJAYAKUMAR . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6380/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LICENSE NO 112/2003-04 ISSUED BY THE SECRETARY, VADAVUCODE – PUTHENCRUZ GRAMA PANCHAYAT. P2:- COPY OF THE RESOLUTION NO.iii (5) DTD. 18.10.2004 OF THE PANCHAYAT COMMITTEE OF VADAVUCODE-PUTHENCRUZ GRAMA PANCHAYAT. P3:- COPY OF THE INSTALLATION PERMIT NO.C3-556/92 DTD. 30.3.94 GRANTED BY THE EXECUTIVE OFFICER OF VADAVUCODE- PUTHENCRUZ GRAMA PANCHAYAT. P4:- COPY OF THE CONSENT RENEWAL ORDER NO.PCB/AE4/NOC/21/93 DTD. 16.8.2003 ISSUED BY THE MEMBER SECRETARY, KARALA STATE POLLUTION CONTROL BOARD. P5:- COPY OF THE CONSENT NO.PCB/EKM/IAO-49/07 DTD. 20.3.2007 ISSUED BY THE ENVIRONMENT ENGINEER, DISTRICT OFFICE, ERNAKULAM, THE KERALA STATE POLLUTION CONTROL BOARD. P6:- COPY OF THE RESOLUTION NO.II (10) DTD. 29.5.2007 OF THE PANCHAYAT COMMITTEE OF THE VADAVUCODE- PUTHENCRUZ GRAMA PANCHAYAT. P7:- COPY OF THE ORDER DTD. 212.1.2008 IN APPEAL NO.422/2007 ON THE FILED OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. P8:- COPY OF THE OFFICE ORDER NO.PCB./TAC/ST.CR.COM/65/2005 DTD. 08.10.2007 ISSUED BY THE CHAIRMAN OF THE KERALA STATE POLUTION CONTROL BOARD. P9:- COPY OF THE LICENSE BEARIN G NO.11/2002-03 DTD. 4.9.2002 ISSUED BY THE SPECIAL GRADE SECRETARY, VADAVUCODE PUTHENCRUZ GRAMA PANCHAYAT. P10:- COPY OF THE ORDER DTD. 23.4.2008 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN IA. 209/2008 IN IA. NO.161/2008 IN APPEAL NO.422/2007. P11:- COPY OF THE ORDER DTD. 23.4.2008 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN IA.161/2008 IN APPEAL NO.422/2007. P12:- COPY OF THE ORDER NO.A2-140/07 DTD. 27.3.2008 OF THE SECRETARY OF VADAVUCODE – PUTHENCRUZ GRAMA PANCHAYAT. P13:- COPY OF THE LICENSE APPLICATION DTD. 22.5.2008 SUBMTITED BY THE PETITIONER AS WELL AS THE COVERING LETTER DTD. 22.5.2008. P14:- COPY OF THE RESOLUTION NO.iii (9) DTD. 16.6.2008 OF THE PANCHAYAT COMMITTEE , VADAVUCODE- PUTHENCRUZ GRAMA PANCHAYAT. P15:- COPY OF THE ORDER DTD. 21.10.2008 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.352/2008. W.P.(C) NO.6380/2009 P16:- COPY OF THE COMMUNICATION DTD. 1.11.2008 OF THE PETITIONER TO THE RESPONDENT. P17:- COPY OF THE ORDER NO.A2.140/07 DTD. 12.11.2008 ISSUED BY THE SECRETARY, THE VADAVUCODE – PUTHENCRUZ GRAMA PANCHAYAT, ERNAKULAM DIST. P18:- COPY OF THE WRITTEN STATEMENT DTD. 19.1.2009 FILED BY THE RESPONDENT IN APPEAL NO.717/2008 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSITUTIONS, THIRUVANANTHAPURAM. P19:- COPY OF THE ORDER DT.22.1.2009 OF IN APPEAL NO.717/2008 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSITUTIONS, THIRUVANANTHAPURAM. R2(a):- COPY OF THE REPORT DTD. 15.11.2004 SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE THIS HONOURABLE COURT. R2(b):- COPY OF THE REPORT SUBMITTED BY THE OFFICERS OF THE BOARD TO THE ADVOCATE COMMISSIONER DT. 19.11.2004. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.6380 OF 2009 ------------------------------------------- Dated this the 17th day of August, 2010 JUDGMENT Read paragraph 3 of the common judgment dated 13.7.2009 in W.P(C).30523/04 and connected cases. As noticed therein, when the captioned writ petition was taken up on 8.7.2009, it was submitted before me that the operator has confined his operational requirement to be restricted to the metal crushing unit on the undertaking that he would not operate the quarry. It was also submitted that he is not operating the quarry as of now and that he had stopped the operation of metal crusher unit and had not obtained renewal of licence from the panchayat for quire some time now and he has applied only for renewal of licence to operate the metal crusher unit. With such submission, this Court was satisfied that he has essentially abandoned his pursuit of operating the quarry in question and has accordingly issued an order on 8.7.2009 requiring the Pollution Control Board to state WPC.6380/09. 2 regarding the requirement of a consent to operate afresh, for the renewal, if any, of the licence for the metal crusher unit. The aforesaid submissions so recorded essentially ends this writ petition. The same is accordingly closed without prejudice to contentions of the parties in any other matter. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/08.