IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 28284 of 2006(P) -------------------------- PETITIONER(S): --------------- PROPRIETOR, M/S.SOUTHERN ROACK & AGGREGATE MINING JANDAIK, CHERUKULANGI, RANNI, PATHANAMTHITTA. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, PATHANAMTHITTA. GOVERNMENT PLEADER SRI. MATHEW VADAKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE QUARRYING LEASE DATED 30.12.1998 ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE CONSENT RENEWAL ORDER DATED 20.2.2006 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P3 TRUE COPY OF THE LICENCE DATED 8.5.2006 ISSUED BY THE RANNI PAZHAVANGADI GRAMA PANCHAYATH. EXT.P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 3.4.2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5 TRUE COPY OF THE LICENCE ISSUED BY THE DEPARTMENT OF EXPLOSIVES DATED 3.6.2005 EXT.P6 TRUE COPY OF THE NOTICE DATED 26.10.2006 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 28284 OF 2006 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Petitioner has approached this Court challenging stop memo issued by the Geologist against quarrying operations done by him. I heard counsel appearing for the petitioner and Government Pleader appearing for the respondents. It is stated in the counter affidavit that public resented on the ground of pollution against running of the unit. Petitioner's case is that unit is run with clearance from Pollution Control Board. W.P. is therefore closed leaving freedom to the respondents to take action if petitioner commits violation in regard to payment of royalty or fees or involves in violation of the conditions of licence after due notice and after serving orders on the petitioner. Ext.P6 stop memo is only temporary arrangement and it should not be enforced. (C.N. RAMACHANDRAN NAIR) Judge kk 2