IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 13689 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------ P.P.ASHRAF, PALLIPARAMBIL HOUSE, PADAMUGHAL, KAKKANAD. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT IN THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682030. 3. REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT-682001. 4. TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM-682035. 5. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-30. 6. COMMISSIONER OF POLICE, KOCHI, ERNAKULAM DISTRICT-682018. 7. THE SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION, ERNAKULAM DISTRICT-682028. W.P.(C) NO.13689/2011 8. THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, KAKKANAD P.O., PIN-682030, KOCHI, REP. BY ITS SECRETARY. 9. YOUSUF, AKAMPURATHU, THENGODU P.O., KAKKANAD-682021. 10. KUTTAPPAN, KALATHIKUZHI HOUSE, THENGODU P.O., KAKKANAD-682021. 11. C.V.JOHNY, PARAKKANADACKAL, THENGODU P.O., KAKKANAD-682021. 12. RAJU M.N., MANCHERY HOUSE, THENGODU P.O., KAKKANAD-682021. R1 TO R7 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.13689/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE QUARRYING PERMIT NO.234/10-11/MM/GS/CRPS/DOE/192/E2/11 DTD/ 17.1.2011 ISSUD BY THE 5TH RESPONDENT. P2:- COPY OF THE CONSENT NO.PCB/DO2-EKM/ICO-QR-01/F/2011 DTD. 11.3.2011 ISSUED BY THE POLLUTION CONTROL BOARD . P3:- COPY OF THE LICENSE NO.E/SC/KL/22/1024)E48804) DTD. 8.12.2009 ISSUED BY THE JOINT CONTROLLER OF EXPLOSIVES. P4:- COPY OF THE LICENSE NO.EX/SP/1042 DTD. 25.9.2006 . P5:- COPY OF THE LICENSE ISSUED BY THE 8TH RESPONDENT FOR THE CONDUCT OF QUARRY. P6:- COPY OF THE PROHIBITORY ORDER NO.M-4061/10 DTD. 2.7.2010. P7:- COPY OF THE NOTICE RECEIVED FROM SECRETARY, THRIKKAKKARA GRAMA PANCHAYT. P8:- COPY OF THE REPORT SUBMITTED BY ASSISTANT ENGINEER, LSGD SECTION TO SECRETARY, THRIKKAKKARA GRAMA PANCHAYATH. P9:- COPY OF THE COMMUNICATION DTD. 22.9.2010 ISSUED BY ASSISTANT ENGINEER, LSGD SECTION, THRIKKAKARA. P10:- COPY OF THE COMMUNICATION NO.A2 14295/10 DTD. 23.9.2010. P11:- COPY OF THE ORDER NO.M.4061/10/K.DIS. DTD. 11.1.2011 OF THE 4TH RESPONDENT. P12:- COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER, KAKKANAD, SHOWING THE LIE OF THE QUARRY AND THE DISTANCE TO THE NEAREST DWELLING HOUSES. P13:- COPY OF THE PETITIONN DTD. 21.4.2011 AND RECEIPT EVIDENCING ACKNOWLEDGEMENT OF THE SAME. P14:- COPY OF THE COMPLAINT DTD. 28.4.2011 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT ALONG WITH RECEIPT EVIDENCING ACKNOWLEDGEMENT OF THE SAME. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 13689 of 2011-I ------------------------------------------------- Dated this the 25th day of May, 2011 JUDGMENT Basant,J. The learned counsel for the petitioner prays that the petitioner may be permitted to withdraw this petition without any fetter on his right to file a fresh petition. This request is made as, according to the petitioner, there are certain defects which deserve to be corrected. The prayer of the counsel is accepted. This writ petition is accordingly dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge