IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 5378 of 2007(M) ------------------------------------- PETITIONER(S): ----------------------- 1. THOMAS KUNNEL, KUNNEL HOUSE, MARAMCHATTY P.O., KOOMPARA, KOZHIKODE. 2. BINOY THOMAS, S/O.THOMAS, KOTTARAM KUNNEL, MYSOREMALA P.O., MUKKAM, KOZHIKODE. BY ADV. MR.A.SUDHI VASUDEVAN MR.JOJO VARGHESE SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER, CALICUT. 2. VILLAGE OFFICER, KOODARANGI, CALICUT. 3. ABOOBACKER MUSALIAR, S/O.AHAMMAD KUTTY, VILANGIPILAN HOUSE, MARAMCHATTY P.O., KOOMPARA, KOZHIKODE. 4. AMINA, KILIMANNIL HOUSE, MARAMCHATTY P.O., KOOMPARA, KOZHIKODE. 5. ABDUL RASHEED, S/O.ALAVI, VILANGIPILAN HOUSE, MARAMCHATTY P.O., KOOMPARA, KOZHIKODE. 6. UMMER MUSALIAR, S/O.MUHAMMAD, KILIMANNIL HOUSE, MARAMCHATTY P.O., KOOMPARA, KOZHIKODE. * ADDL. R7 IMPLEADED ADDL. R7: THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOZHIKODE, 673 020. * ADDL. R7 IS IMPLEADED AS PER ORDER DATED 19/02/2007 IN WPC.5378/2007. R1, R2 & R7 BY GOVERNMENT PLEADER MR.V. TEKCHAND R3 TO R6 BY ADV. MR.C.VIVEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 5378/2007-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXPLOSIVE LICENSE DATED 06/11/2006 ALONG WITH THE 2 PLANS. EXT.P2: COPY OF THE QARRYING PERMIT DATED 14/02/2007 OBTAINED BY THE 2ND PETITIONER FROM THE MINING AND GEOLOGY DEPARTMNT, STATE OF KERALA, FOR CONDUCTING QUARRYING OPERATION. EXT.P3: COPY OF THE STOP MEMO DATED 11/01/2007 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P4: COPY OF THE HEARING NOTICE DATED 15/01/2007 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 5378 OF 2007 ......................................................................... Dated this the 8th April, 2009 J U D G M E N T The petitioners have approached this Court challenging Ext. P3 Stop Memo issued by the second respondent-Village Officer, restraining the petitioners from carrying out the quarrying operation in the property being pursued on the basis of the requisite licence/permit issued by the concerned authorities, as borne by Exts. P1 and P2. The petitioners submit that the activities being pursued by them are strictly in conformity with the terms of the licence/permit and that the apprehension expressed by the respondents No. 3 to 6 is quite wrong and misconceived. 2. When the matter had come up for consideration before this Court earlier, an interim order was passed on 19.02.2007 directing the Additional 7th respondent, viz., the Geologist to conduct a site inspection and to file a report, which in turn has been complied with by the said respondent. The report dated W.P.(C) No. 5378 OF 2007 2 22.02.2007 shows that the work had to be stopped by the parties for want of skilled labourers at different points of time and that the quarrying permit was renewed only for a short period which expired on 13.03.2007. It is also pointed out that issuance of permit was quite valid and proper; that the inspection revealed no irregularities in any manner and that no dwelling house was noted within the radius of 50 metres from the quarrying site . Based on the said report, Ext. P3 Stop Memo issued by the second respondent was intercepted by this Court staying the same as per the modified interim order dated 01.03.2007, directing the respondents No.1 and 2 and the additional 7th respondent to ensure that the contents of the said interim order and the undertaking given by the additional 7th respondent vide its report dated 22.02.2007 are complied with, simultaneously ensuring that the mining activities of the petitioners would be confined and restricted to Ext.P2 site and that it did not spread out to any other area. In view of the factual position noted above, particularly in view of expiry of the permit, nothing further remains to be W.P.(C) No. 5378 OF 2007 3 adjudicated in the Writ Petition. Accordingly, the Writ Petition is closed. P.R. RAMACHANDRA MENON, JUDGE. lk