IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 33987 of 2008(S) ------------------------------------------ PETITIONERS: -------------------- 1. P.A. CHINNAN, S/O. ABRAHAM, AGED 42 YEARS, PARATHADATHIL (MANNAMCHERIYIL) HOUSE, WARD NO.10, MANEED P.O., MUVATTUPUZHA TALUK. 2. C.M.DAVID, S/O. MARKOSE, AGED 63 YEARS, CHAMAMALAYIL HOUSE, WARD NO.10, MANEED P.O., MUVATTUPUZHA TALUK 3. K.C. MATHAI, S/O. MATHEW, AGED 64 YEARS KALLADIYIL HOUSE, WARD NO. 10, MANEED P.O., MUVATTUPUZHA TALUK. 4. T.A. GEORGE, S/O. ABRAHAM, AGED 40 YEARS, THOMMANKUDIYIL HOUSE, WARD NO.10, MANEED P.O., MUVATTUPUZHA TALUK. 5. PEOPLE'S ACTION COMMITTEE AGAINST STONE CRUSHER UNIT, IVRCC CO, MANEED POST, PIRAVOM, REPRESENTED BY ITS CONVENOR, A.ALEXANDER, S/O. FR. ALEXANDER, AGE 57 YEARS, THENGUMPALLIL HOUSE, WARD NO.9, MANEED P.O., PIRAVOM, MUVATTUPUZHA TALUK. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS: ----------------------- 1. MANEED GRAMA PANCHAHYAT, REPRESENTED BY ITS SECRETARY, MANEED P.O., MUVATTUPUZHA TALUK. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. WP (C) No.33987 of 2008 - 2 - 4. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, MINING & GEOLOGY, CIVIL STATION, KAKKANAD, KOCHI 682 030. 5. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, ERNAKULAM, KOCHI- 682 020. 6. M/S.I.V.R.C.L.BUILDING PRODUCTS LIMITED, NO.VII/719D, PLOT NO.180, MAVELIPURAM COLONY, KAKKANAD P.O., KOCHI-682 020. 7. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION, KAKKANAD, KOCHI-682 020. R1 BY ADV.SRI.K.S.ARUN KUMAR R2 & R3 BY SR.GOVERMENT PLEADER SMT.K.MEERA SRI.K.SANIL KUMAR, ADDL.CGSC FOR R4 R5 BY STANDING COUNSEL ADV. SRI.M.K.CHANDRA MOHANDAS SRI.N.BALAKRISHNA PILLAI (KARIKKAMURI) FOR R6 SRI.B.PREMKUMAR FOR R6 SRI.T.SANJAY FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) NO.33987 OF 2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOCOPY OF NOTICE NO.M4/22896/2008 DATED 21.6.2008 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM TO 1ST RESPONDENT EXT.P1(A) PHOTOCOPY OF OBJECTION DATED 21.7.2008 SUBMITTED BY PETITIONERS AND OTHERS TO 3RD RESPONDENT EXT.P1(B) PHOTOCOPY OF ROUGH SKETCH SHOWING THE QUARRY IN QUESTION EXT.P2 PHOTOCOPY OF THE JUDGMENT OF THIS COURT DATED 21.2.2008 IN WP(C) NO.2297/2008-W EXT.P3 PHOTOCOPY OF THE CERTIFICATE DATED 13.2.2008 ISSUED BY THE 1ST RESPONDENT EXT.P4 PHOTOCOPY OF THE GENERAL CONDITIONS ALONG WITH CONSENT OF POLLUTION CONTROL BOARD EXT.P5 PHOTOCOPY OF COMPLAINT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 28.8.2008 EXT.P5(A) PHOTOCOPY OF COMPLAINT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE CHENNAI, DATED 27.8.2008. EXT.P5(B) PHOTOCOPY OF COMPLAINT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE VILLAGE OFFICER, MANEED GRAMA PACHAYAT DATED 28.8.2008 EXT.P5(C) PHOTOCOPY OF COMPLAINT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 5TH RESPONDENT DATED 28.8.2008 EXTP5(D) PHOTOCOPY OF COMPLAINT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 7TH RESPONDENT DATED 26.6.2008 EXT.P5(E) PHOTOCOPY OF MASS COMPLAINT SUBMITTED BY THE RESIDENTS OF MANEED GRAMA PANCHAYAT BEFORE 1ST RESPONDENT ON 10.7.2008 EXT.P6 PHOTOCOPY OF APPEAL MEMORANDUM DATED 26.8.2008 PREFERRED BY 5TH PETITIONER BEFORE THE CHIEF MINISTER OF KERALA EXT.P7 PHOTOCOPY OF NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 8.8.2008 EXT.P7(A) PHOTOCOPY OF NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DATED 14.9.2008 EXT.P7(B) PHOTOCOPY OF NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DATED 2.8.2008 EXT.P7(C) PHOTOCOPY OF NEWS ITEM APPEARED IN MATHRUBHUMI, DAILY DATED 8.8.2008 EXT.P8 PHOTOGRAPHS SHOWING THE CRACKS IN THE BUILDINGS CAUSED DUE TO THE EXPLOSION / TRUE COPY/ S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P. (C) No.33987 of 2008 ------------------------------------------ Dated this the 18th day of December, 2009 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioners complain about the activity of the 6th respondent in relation to quarrying. They would say that there should be no quarrying in the area in question. The 6th respondent through its learned counsel submits today that they will not carry on any activity of quarrying without obtaining necessary permits and licences which are required in accordance with law. 2. This writ petition is accordingly ordered directing that the 6th respondent will carry on any activity of quarrying in the area in question only after obtaining specific sanction of the second respondent District Collector who will ensure that such permission is not granted unless the 6th respondent has obtained W.P.(C) No.33987 of 2008 2 all the necessary licences governing the field of quarrying. It is further ordered that if the petitioners have any subsisting grievance, they may take it up before the District Collector. Writ petition is ordered accordingly. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns