IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 14968 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. K.P.VARGHESE, AGED 55 YEARS, S/O.PATHROSE, KAVALANGATTY KUDY, VILANGU P.O., KIZHAKAMBALAM, ERNAKULAM DISTRICT. 2. P.P.YOHANNAN, AGED 45 YEARS, S/O.POULOSE, PARAKKATTUJALIL, VILANGU P.O., KIZHAKAMBALAM, ERNAKULAM DISTRICT. BY ADV. SMT.K.NANDINI SMT.J.SHEEBA MARIAM RESPONDENT(S): --------------- 1. THE CHIEF SECRETARY, REPRESENTED BY THE STATE OF KERALA. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE GEOLOGIST, DEPARTMENT OF MINISTRY AND GEOLOGY, ERNAKULAM DISTRICT. 4. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALWAYE. 5. THE SECRETARY, REPRESENTED THE KIZHAKAMBALAM GRAMA PANCHAYATH, KIZHAKAMBALAM. 6. DEPUTY CONTROLLER OF EXPLOSIVES DEPARTMENT OF EXPLOSIVE, GOVERNMENT OF INDIA, ERNAKULAM. 7. SMT.LEELAMMA MATHEW, W/O.MATHEW, PANTHAPLACKAL, KIZHAKAMBALAM P.O. 8. THE ASSISTANT EXECUTIVE ENGINEER, POLLUTION CONTROL BOARD, ERNAKULAM. R1 TO R5 BY GOVT. PLEADER SRI.V.MANU. R6 BY SRI.P.PARAMESWARAN NAIR,ASG. R7 BY ADV. SRI.JOBI JOSE KONDODY R8 BY ADV.SRI.M.K.CHANDRA MOHANDAS,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14968 OF 2009 ------------------------------------------- Dated this the 3rd day of August, 2009 JUDGMENT The 7th respondent, against whom allegations are levelled in this writ petition about the running of certain quarrying activities, has placed a counter affidavit on record saying that she has evicted one N.M.Poulose to whom the land was given on lease and that she would start any quarrying operation only after obtaining necessary licence from the concerned respondents. The objections of the petitioners shall be taken into consideration by the Panchayat and the Geologist before any decision is taken to grant the 7th respondent or any of her nominees the right to carry on quarrying or such other activities in the property in question. All other issues on merits are left open. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/8.