IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 17194 of 2009(T) -------------------------------------- PETITIONER(S): ---------------------- RAJAN.T.V., S/O. VARGHESE, AGED 37 YEARS THARAMATTATHIL HOUSE, VENGANELLOOR.P.O., THRISSUR DIST. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR-20. 2. SUPERINTENDENT OF POLICE, S P OFFICE THRISSUR-3. 3. SUB-INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, CHELAKKARA.P.O.,THRISSUR DIST. 4. SULAIMAN, KALLIKUNNEL HOUSE, VENGANELLOOR.P.O., PARKKAD DESOM THRISSUR DIST. 5. AMINA, W/O. SULAIMAN, KALLIKUNNEL HOUSE, VENGANELLOOR.P.O., PARAKKAD DESOM, THRISSUR DIST. ADDL. 6. CHELAKKARA GRAMA PANCHAYAT, CHELAKKARA P.O, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. ADDL. 7. ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, POONKUNNAM P.O., THRISSUR. (Additional respondents 6 and 7 are impleaded as per order dated 7.7.2009 in I.A.No.7951/2009) R2 & R3 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA. R4 & R5 BY ADV. SRI.P.C.SASIDHARAN R6 BY ADV. SRI.P.VIJAYA BHANU. SRI.V.A.JOHNSON (VARIKKAPPALLIL) R7 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17194/2009: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF THE QUARRYING PERMIT DATED 27.11.2006 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P2..TRUE COPY OF THE CONSENT LETTER ISSUED BY THE 5TH RESPONDENT DATED 20.8.2006. EXT.P3..TRUE COPY OF THE SURVEY SKETCH OF THE PETITIONER'S PROPERTY PREPARED BY THE VILLAGE OFFICER DATED 15.12.2008. EXT.P4..TRUE COPY OF THE AGREEMENT DATED 13.10.2006 ENTERED INTO BETWEEN THE PETITIONER AND BLAST MEN LICENSE HOLDER. EXT.P5..TRUE COPY OF THE QUARRYING PERMIT RENEWED BY THE IST RESPONDENT DATED 16.12.2008 FOR THE PERIOD UP TO 15.12.2009. EXT.P6..TRUE COPY OF THE P FORM ISSUED BY THE IST RESPONDENT DATED 23.7.2009 IN ADVANCE. EXT.P7..TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 6.6.2009. EXT.P8..TRUE COPY OF THE APPLICATION FOR LICENSE DATED 2.8.09 SUBMITTED TO THE 6TH RESPONDENT. EXT.P9..TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE PCB DATED 10.10.09. EXT.P10.TRUE COPY OF THE SANITARY CERTIFICATE ISSUED B Y THE PHC KONDAZHY DATED 12.10.09. EXT.P11.TRUE COPY OF THE LETTER ISSUED BY THE FIRE SAFETY DATED 26.9.09. EXT.P12.TRUE COPY OF THE SITE PLAN OF THE QUARRY DATED NIL. EXT.P13.TRUE COPY OF THE LETTER DATED 15.9.09 ISSUED BY THE PCB EXT.P14.TRUE COPY OF THE RESOLUTION DATED 24.10.09 OF THE 6TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4A..TRUE COPY OF CERTIFICATE ISSUED BY THE SECRETARY OF CHELAKKARA GRAMA PANCHAYAT DATED 28.7.2009. EXT.R4B..TRUE COPY OF SKETCH SHOWING THE LOCATION. EXT.R4C..A TRUE COPY OF THE CONSENT LETTER ATTEMPTED TO BE GOT SIGNED BY THE 5TH RESPONDENT. EXT.R4D..TRUE COPY OF PHOTOGRAPH. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ WP.(C) No.17194 of 2009-T ---------------------------------------------- Dated, this the Ist day of February, 2010 J U D G M E N T K.M.Joseph, J. We heard the learned counsel for the petitioner and the learned counsel on behalf of the respondents. The only prayer of the learned counsel for the petitioner is that a decision may be taken by the Panchayat on the application filed by the petitioner for licence pending before it. Learned counsel for respondents 4 and 5 submits that respondents 4 and 5 may also be heard. Learned counsel for the petitioner has no objection in hearing them also. Learned counsel for the Panchayat submits that if the petitioner has filed any application, a decision can be taken by the Panchayat. Learned counsel for the Pollution Control Board submits that the Pollution Control Board has already given consent to operate. In the light of the submission made by the learned counsel for the parties, the writ petition is disposed of WPC 17194/2009 -2- directing the 6th respondent to consider and take a decision on the application filed by the petitioner after hearing the representatives of respondents 4 and 5 also within a period of five weeks from the date of production of a copy of this judgment. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS