IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).NO. 31476 OF 2009(D) ---------------------------------------- PETITIONER(S): ----------------------- PRASAD, S/O. RAMACHANDRAN, IDAMANASSERIL HOUSE, SOOLAPPARA, VANDANMEDU, IDUKKI DIST. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU,IDUKKI DIST. 2. THE GEOLOGIST DIST. OFFICE OF MINING AND GEOLOGY, DEPT, MINI CIVIL STATION, THODUPUZHA, IDUKKI DIST. 3. THE KERALA STATE POLLUTION CONTROL BOARD, REP.BY ITS SECRETARY PATTOM P.O., THIRUVANANTHAPURAM -04. 4. THE DIRECTOR OF MINES SAFETY, CHENNAI REGION NO.46, OLD 5 (NEW) SECOND STREET, BLOCK AA, ANNA NAGAR, CHENNAI-40. 5. RAVIPRASAD, PRANAVAM HOUSE, SOOLPPARA, VANDANMEDU IDUKKI DIST. ADDITIONAL RESPONDENT IMPLEADED: ------------------------------------------ 6. THE VANDANMEDU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VANDANMEDU P.O., IDUKKI DISTRICT ADDITIONAL R6 IS IMPLEADED AS PER ORDER ON I.A. NO.15990 OF 2009 DATED 4.1.2010. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 & 4 SRI.A.C.DEVASIA FOR R5 SRI.JOICE GEORGE FOR R6 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R3 BY GOVERNMENT PLEADER SHRI P.R. JAYAKRISHNAN R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: --------------------------------- EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 13.06.2007 ISSUED BY THE THIRD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE COMMISSION REPORT DATED 22.08.2009 IN O.S. NO.114/2009 IN THE FILE OF MUNSIFF COURT, KATTAPPANA. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 24.092009 SUBMITTED BY THE PETITIONER AND ANOTHER BEFORE THE FIRST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 24.09.2009 SUBMITTED BY THE PETITIONER AND ANOTHER BEFORE THE THIRD RESPONDENT. EXHIBIT P5 COPY OF THE REPRESENTATION DATED 24.09.2009 SUBMITTED BY THE PETITIONER AND ANOTHER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: ----------------------------------- EXHIBIT R5(A) TRUE COPY OF THE SALE DEED DATED 5.9.1996. EXHIBIT R5(B) TRUE COY OF THE PRESENT LICENCE ISSUED BY THE AUTHORITY DATED 21.3.2006. EXHIBIT R5(C) TRUE COPY OF THE PRESENT EXPLOSIVE LICENCE DATED 22.5.2008 WHICH IS VALID UPTO 31.3.2010. EXHIBIT R5(D) TRUE COPY OF THE SHOT FIRER'S PERMIT DATED 22.2.2001. EXHIBIT R5(E) TRUE COPY OF THE CONSENT LETTER FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED 1.7.2009 WHICH IS VALID UP TO 30.6.2010. EXHIBIT R5(F) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 22.4.2009 IN FAVOUR OF THE 5TH RESPONDENT. EXHIBIT R5(G) TRUE COPY OF THE PLAINT IN O.S. NO.57 OF 2009 DATED 25.3.2009. EXHIBIT R5(H) TRUE COPY OF THE PLAINT IN O.S. NO.95 OF 2009 DATED 2.6.2009. EXHIBIT R5(I) TRUE COPY OF THE ORDER IN W.P(C) NO.11573 OF 2009 DATED 21.4.2009. EXHIBIT R5(J) TRUE COPY OF THE PLAINT IN O.S. NO.114 OF 2009 DATED 24.6.2009. TRUE COPY THOMAS P.JOSEPH, J. ==================================== W.P(C) No.31476 of 2009 ==================================== Dated this the 20th day of July, 2010 J U D G M E N T This Writ Petition is filed by the parent of a child claimed to be studying in the Anganwadi being run by Aswathy Mahila Samajam in building No.VP/III/437 situated in three cents of land in Sy.No.15/1 of Vandanmedu Village covered by document No.3097 of 1998 in favour of the said Mahila Samajam. His complaint is that respondent No.5 and wife are conducting illicit quarrying operations in the property adjacent to the property of Mahila Samajam without obtaining proper licence from the authorities concerned. It is also stated that apart from the Anganwadi there is an ancient temple situated at a distance of about 50 metres from the quarry and quarrying operations do harm to the temple as well. According to the petitioner as per Circular dated 13.06.2007 (Ext.P1) issued by the Kerala State Pollution Control Board the distance from boundary of quarries to residential building, places of worship, public road, etc., should be 100 metres which is not complied in this case. It is further stated that under Regulation No.164(1) of the Metalliferous Mines W.P(C) No.31476 of 2009 -: 2 :- Regulations an area within a radius of 300 metres from blasting site is treated as dangerous zone and Anganwadi, Day Care Unit and Temple are situated within that dangerous zone. Petitioner preferred Exts.P3 to P5, representations to respondent Nos.1 to 4 but they have not taken any effective action in the matter. Hence this Writ Petition seeking a direction to respondent Nos.1 to 4 to consider Exts.P3 to P5, representations and ensure that respondent No.1 is operating the quarry only in accordance with Ext.P1, Circular (issued by the Kerala Sate Pollution Control Board) and Regulation No.164 referred to above. Learned counsel for petitioner states that in spite of representations given pointing out dangerous situation in the area in question, respondent Nos.1 to 4 have not taken serious note of the same. Learned counsel for respondent No.5 states that all directions issued by the Director of Mines Safety, Chennai have been complied by respondent No.5. I have also heard learned Government Pleader appearing for respondent Nos.1 to 3. 2. Prayer in this Writ Petition is only to issue a direction to respondent Nos.1 to 4 to consider and pass orders on Exts.P3 to P5, representations. I am not going into the question whether W.P(C) No.31476 of 2009 -: 3 :- respondent No.5 has obtained necessary permit from the appropriate authorities as he claims. That is a matter which the appropriate authority can consider. Having regard to the apprehension raised by petitioner, respondent Nos.2 to 4 are directed to consider Exts.P3 to P5, representations (said to be) made by petitioner and pass appropriate orders in the matter as required under law. Writ Petition is disposed of with the above above direction. THOMAS P. JOSEPH, JUDGE. vsv