IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH SEPTEMBER 2007 / 22ND BHADRA 1929 WP(C).No. 37572 of 2003(W) -------------------------- PETITIONER: --------------------- P.SANKARAN KUTTY, RESIDING AT MYLADUMKUNNU ESTATE, KADANGODE, THALAPPALLY TALUK, THRISSUR DISTRICT BY ADV. SRI.PULIKKOOL ABUBACKER RESPONDENTS: ---------------------- 1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, POONKUNNAM, THRISSUR 2. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM, COCHIN-18 3. DISTRICT COLLECTOR, THRISSUR. 4. KADANGODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KADANGODE, THRISSUR DISTRICT 5. P.K.JALEEL, MANAGING PARTNER, BEST GRANITES, KADANGODE. 6. P.V.KRISHNAN KUTTY, ABA INDUSTRIES, KADANGODE. 7. VIJAYAKUMAR, SREE LAKSHMI GRANITES, KADANGODE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. ADV. SRI.JIJO PAUL ADV. SMT.SHYLAJA VARGHESE ADV. SRI.P.VIJAYA BHANU ADV. SRI.BIJU ZACHARIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37572 of 2003(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE RESOLUTION NO.237 DATED 30.08.2003 OF THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(a) : TRUE COPY OF THE QUARRYING PERMIT FOR GRANITE STONE ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DATED 05.09.2003. EXT.R5(b) : TRUE COPY OF CONSENT ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 21.08.2003. EXT.R5(c) : TRUE COPY OF THE DEALERS LICENSE DATED 04.09.2003 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT. EXT.R5(d) : TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE KADANGODE GRAMA PANCHAYATH DATED 01.09.2003. EXT.R5(e) : TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES DATED 03.09.2003. EXT.R5(f) : TRUE COPY OF THE MEDICAL REPORT GIVEN BY THE MEDICAL OFFICER, THRISSUR. /TRUE COPY/ P.S. TO JUDGE. H.L.DATTU, C.J. & K.T.SANKARAN,J. ---------------------------------------------------- W.P.(C). NO. 37572 OF 2003 W ---------------------------------------------------- Dated this the 13th September, 2007 JUDGMENT H.L.DATTU, C.J. This Writ Petition was referred to the Division Bench by a learned single Judge of this Court by order dated 15th September, 2004, solely on the ground that similar Writ Petition is already pending before a Division Bench in W.P.(C) No.24706 of 2004. 2. W.P.(C) No.24706 of 2004 came to be disposed of by this Court on 27th October, 2004. In that, the Court was pleased to observe as under: “In view of the counter affidavit filed by Respondent No.11 (District Collector, Thrissur), the learned counsel for the petitioner prays that the writ petition may be closed. We order accordingly.” 3. The issues that were raised in W.P.(C) No.24706 of 2004 are identical with the issues raised in W.P.(C) No.37572 of 2003. In view of the disposal of W.P.(C) No.24706 of 2004, in our opinion, the reliefs sought for by the petitioner in this Writ Petition need not be considered by us. Accordingly, the Writ Petition is disposed of as having become unnecessary. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) . NO. :: 2 :: Judge ahz/