IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 21991 of 2007(R) --------------------------------------- PETITIONERS: --------------------- 1. V.M.GEROGE, AGED 83 YEARS, S/O.MATHEW, VARIATHUKALA HOUSE, MIDAYIKUNNU P.O., THALAYOLAPARAMBU, KOTTAYAM DIST. 2. ANICE GEORGE, AGED 55 YEARS, D/O.V.M.GEORGE, DO. DO. BY ADV. SRI.G.D.PANICKER. RESPONDENTS: ----------------------- * 1. STATE OF KERALA, REP.BY GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY. *(CORRECTED) *THE 1ST RESPONDENT IN THE CAUSE - TITLE WOULD STAND STAND REPLACED BY “THE GEOLOGIST, DEPT. OF MINING AND GEOLOGY, CIVIL STATION, KOTTAYAM. * AS PER ORDER DATED 26/07/07 IN I.A. NO. 10117/07. 2. SECRETARY, THALAYOLAPARAMBU GRAMA PANCHAYAT. 3. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KAKKANAD, ERNAKULAM. 4. P.K.JOSEPH, PUNCHAKOTTIL HOUSE, MADAYILKUNNU P.O., THALAYOLAPARAMBU, KOTTAYAM. W.P.(C). NO.21991/2007-R: 5. P.K.KURIAN, PUNCHAKOTTIL HOUSE, MADAYILKUNNU P.O., THALAYOLAPARAMBU, KOTTAYAM. 6. POLLUTION CONTROL BOARD, KOTTAYAM. 7. DIST. COLLECTOR, KOTTAYAM. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.JOBI JOSE KONDODY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, ALONG WITH W.P.(C). NO. 15478/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21991/2007-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE QUARRYING LEASE DTD. 01/04/2004. EXT.P.2: COPY OF THE EXPLOSIVE LICENCE DTD. 22/05/2007 ISSUED BY THE R.3. EXT.P.3: COPY OF THE LICENCE DTD. 4/09/2006. EXT.P.4: COPY OF THE COMPLAINT DTD. 01/06/2007 GIVEN BY THE PETITIONER'S DAUGHTER-IN-LAW. EXT.P.5: COPY OF THE ORDER DTD. 31/07/2002 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE. EXT.P.6: COPY OF THE COMPLAINT DTD. 21/05/2007. EXT.P.7: COPY OF THE COMPLAINT ADDRESSED TO THE DIST. MEDICAL OFFICER DTD. 08/06/2007. EXT.P.8: COPY OF THE COMPLAINT ADDRESSED TO THE R.3. DTD. 02/06/2007. EXT.P.9: COPY OF THE COMPLAINT ADDRESSED TO THE R.6 DTD.08/06/2007. EXT.P.10: COPY OF THE REPRESENTATION DTD. 13/06/2007. EXT.P.11: COPY OF THE ORDER OF STAY ON 27/06/2007 ON FURTHER QUARRYING ACTIVITIES OF THE R.4. RESPONDENTS' EXHIBITS: EXT.R4.(1): COPY OF THE PLAN AND REPORT DTD. 05/12/1998 AND BEARING NUMBER 511/99 OF THE VILLAGE OFFICER, VADAYAR. EXT.R4.(2): COPY OF THE ORDER DTD. 05/07/2007 BARING NUMBER 5266/2006 OF THE TAHSILDAR, VAIKOM. EXT.R4.(3): COPY OF THE ORDER DTD. 12/12/2007 OF THE ENVIRONMENTAL ENGINEER AND ISSUED TO THE R.4. EXT.R4.(4): COPY OF THE ORDER DTD. 03/12/2007 AND BEARING NUMBER 35/2007- 08/1671/DOY/ML/2007 OF THE GEOLOGIST. EXT.R4.(5): COPY OF THE LETTER DTD. 13/12/2007 BEARING NUMBER A2 482/2007 ISSUED BY THE R.2. TO THE R.4. W.P.(C). NO.21991/2007-R: EXT.R4.(6): COPY OF THE ORDER DTD. 21/01/2008 BEARING NO:H4/29130/07 TO THE R.1. BY THE R.7. EXT.R4.(7): COPY OF THE INTERIM ORDER DTD. 17/07/2007 IN W.P.(C). NO. 21991/2007. EXT.R4.(8): COPY OF THE ORDER DTD. 03/12/2007 ISSUED BY THE R.1. TO THE R.4. VACATING EXHIBIT.P.11. EXT.R4.(9): COPY OF THE MY APPLICATION SUBMITTED BY THE R.4. BEFORE THE R.2. DTD. 25/05/2007 FOR RENEWING LICENSE FOR THE YEAR 2007-2008. EXT.R4.(10): COPY OF THE MINUTES OF THE MEETING OF THE R.2. DTD. 30/05/2007. EXT.R4.(11): COPY OF THE ORDER DTD. 13/12/2007 ISSUED BY THE R.2. TO THE R.4. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) Nos. 21991/07 & 15478/08 R = = = = = = = = = = = = = = = = = Dated this the 4th day of September 2008 J U D G M E N T In these writ petitions, the issue arising is regarding the functioning of a quarry owned by the petitioner in W.P.(C) No. 15478/08. 2. It is seen that initially the Geologist has issued Ext. P3 stop memo and in view of Ext. P3, this Court had also passed Ext. P4 interim order in W.P.(C) No. 21991/07. Subsequently, by Exts. P5 and P6 orders issued by the Deputy Director of Mining and Geology and the Geologist himself, Ext. P3 order was recalled. Despite this, Ext. P9 application made by the petitioner for renewal of his licence was not considered by respondents 1 and 2. It is in that background the petitioner in W.P.(C) No. 15478/08 has approached this Court. 3. In W.P.(C) No. 21991/07 petitioners are the nearby residents. They are objecting to the grant of licence complaining of W.P.(C) Nos. 21991/07 & 15478 OF 2008 -2- damage to their houses and other environemntal issues. 4. Noticing the fact that there was a contradiction in the stand taken by the report of the Deputy Director and the affidavit of the Geologist, this Court by order dated 29.7.2008 directed the Director of Mining and Geology to conduct an inspection to ascertain the real state of affairs and file a report before this Court. Accordingly, an inspection was conducted and a report dated 26.8.2008 has been filed by the Director of Mining and Geology. In view of this, I feel that the grievance of both these parties could be redressed by directing that the Panchayat shall consider Ext. P9 application made by the petitioner in W.P.(C) No. 15478/08 for renewal of his licence in the light of the report of the Director of Mining and Geology dated 26.8.2008. This the Panchayat shall do as expeditously as possible at any rate within 6 weeks of receipt of a copy of this judgment. It is also directed that before orders are passed on Ext. P9, the petitioners in these cases, shall also be given notice and will also be given an opportunity of hearing as well. Writ petitions are disposed of as above. ANTONY DOMINIC JUDGE jan/-