IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26008 of 2008(U) -------------------------- PETITIONERS: ----------------- 1. A.D.JOHN, 43 YEARS S/O.P.JOHN, PUTHEN VEETTIL, MALLAPPALLY VILLAGE, DO. TALUK. 2. ANNAMMA VARKEY, AGED 50 YEARS, W/O.K.V.VARKEY, KUNNUMPURATHU PUTHEN PURAYIL KOTTANGAL VILLAGE, MALLAPPALLY TALUK. BY ADVS. SRI.K.K.GOPALAKRISHNAN NAIR (178/74) SRI.R.SANTHOSH BABU RESPONDENTS: ----------------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DIST., PATHANAMTHITTA 2. SUB INSPECTOR OF POLICE,PERUMPATTY POLICE STATION, OCRUMPATTY VILLAGE MALAPPURAM TALUK. 3. JOHNSON, ERACKAL HOUSE, KOTTANGAL VILLAGE, MALLAPPALLY TALUK. 4. VIJAYA KUMAR, ERACKAL HOUSE, KOTTANGAL VILLAGE, MALLAPPALLY TALUK. GOVT. PLEADER SRI. BENJAMIN PAUL (SR.) BY ADV. SRI.S.PRAKASH FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 26008/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF RECEIPT DATED 18.4.2008 ISSUED FROM KOTTANGAL VILLAGE OFFICE. EXHIBIT P1(a) : TRUE COPY OF RECEIPT DATED 18.4.2008 OF DO EXHIBIT P2 : TRUE COPY OF PERMIT DATED 25.6.08 ISSUED BY DEPARTMENT OF MINING AND GEOLOGY. EXHIBIT P2(a) : TRUE COPY OF PERMIT DATED 20.6.08 OF DO EXHIBIT P3 : TRUE COPY OF CONSENT FOR OPERATION OF QUARRIES DATED 11.1.08 ISSUED FROM POLLUTION CONTROL BOARD, PATHANAMTHITTA. EXHIBIT P3(a) : DO DO DATED 14.1.08 OF DO EXHIBIT P4 : TRUE COOPY OF CERTIFICATE/LICENCE ISSUED BY DY. CONTROLLER OF EXPLOSIVES, ERNAKULAM. EXHIBIT P4(a) : DO DO. EXHIBIT P5 : TRUE COPY OF ORDER DATED 9.9.04 ISSUED BY DY. DIRECTOR OF PANCHAYATS. EXHIBIT P6 : TRUE COPY OF AGREEMENT DATED 8.5.08. EXHIBIT P7 : TRUE COPY OF COMPLAINT DATED 22.8.08 TO 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. vkm K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.26008 OF 2008 ----------------------------------------------------- DATED THIS THE 4th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are quarry owners. They submit, they are being obstructed by respondents 3 and 4 and their supporters, while they load the boulders and other stones using JCBs and other mechanical devises for supplying to a contractor, with whom they have entered into Exhibit P6 agreement. Respondents 3 and 4 submit that the boulders are extracted by blasting the rock formation. Thereafter, the boulders so obtained are again blasted using explosives. The same is a threat to the life of the people residing in the locality including them. If the boulders are broken using mechanical devices, without using explosives, they have no objection, it is submitted. 2. The learned Government Pleader upon instructions submitted that the parties were called and an understanding has been arrived at between them. The petitioners have agreed to cut the boulders using mechanical devices only, without using any explosives. 3. The learned counsel for the petitioner also undertook that they will do the breaking of the boulders using mechanical devices only W.P.(C)No.26008/08 -2- and without blasting. In view of the submissions made by the parties, no further orders are required in this Writ Petition. Accordingly, the Writ Petition is closed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn