IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 10033 of 2010(D) -------------------------------------- PETITIONER(S): ----------------------- 1. MR. K. JALALUDHEEN, AGED 52 YEARS, S/O. LATE KUNJUMOIDHEEN KUNJU, CHARUVILAPUTHEN VEEDU, VELIYAM WEST.P.O., KOTTARAKKARA. 2. MR. ABDUL SALAM, AGD 43 YEARS, S/O. MR.ALI AKBAR, PUNNAVILA VADAKKATHIL HOUSE, VAKKANADU.P.O., EZHUKONE, KOTTARAKKARA. BY ADV. SRI.JOY GEORGE, SMT.PRAICY JOSEPH. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM. 2. THE VELLIYAM GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, VELIYAM GRAMA PANCHAYATH, ODANAVATTOM.P.O., VELLIYAM. 3. THE PRESIDENT, VELIYAM GRAMA PANCHAYATH, ODANAVATTOM.P.O., VELLIYAM. 4. THE SECRETARY, VELIYAM GRAMA PANCHAYATH ODANAVATTOM.P.O., VELLIYAM. 5. MR. SANAL KUMAR, STANDING COMMITTEE CHAIRMAN, VELIYAM GRAMA PANCHAYAT, ODANAVATTOM.P.O., VELLIYAM AND THE SECRETARY PARATHOZHILALI UNION (CITU) TALUK COMMITTEE, KOTTARAKARA. R1 BY GOVT. PLEADER SMT.N. SUDHADEVI. R3 & R5 BY ADV. SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN. R4 BY ADV. SRI.M.K.CHANDRA MOHANDAS, SRI.MURALI MADANTHACODU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10033/2010-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CONSENT LETTER ISSUED BY THE 1ST PETITIONER TO THE 2ND PETITIONER. EXT.P2: COPY OF THE LAND TAX RECEIPT ISSUED IN FAVOUR OF THE 1ST PETITIONER. EXT.P3: COPY OF THE POLLUTION CERTIFICATE. EXT.P4: COPY OF THE LOCATION SKETCH. EXT.P5: COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER. EXT.P6: COPY OF THE EXPLOSIVE LICENSE. EXT.P7: COPY OF THE LICENSE ISSUED BY THE PANCHAYATH. EXT.P8: COPY OF THE GAZETTE NOTIFICATION DATED 12/03/2008. EXT.P9: COPY OF THE INTERIM ORDER FOR POLICE PROTECTION IN WP(C) NO. 4956/2010. EXT.P10: COPY OF THE CHELLAN RECEIPT REMITTED BY THE PETITIONERS. EXT.P11: COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE DATED 03/02/2010. EXT.P12: COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT. EXT.P13: COPY OF THE HEARING NOTICE DATED 08/03/2010. EXT.P14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P15: COPY OF THE EXPLOSIVE LICENSE DATED 18/03/2010. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE DECISION TAKEN IN THE JOINT MEETING (CONCILIATION) OF PETITIONERS AND UNION LEADERS. EXT.R3(b): COPY OF THE REPLY GIVEN BY THE GEOLOGIST, KOLLAM TO S.R. KRISHNA KUMAR, KOTTARAKARA. EXT.R4(a): COPY OF THE DIRECTIONS OF THE PANCHAYATH AS PER PANCHAYATH RAJ ACT. EXT.R4(b): COPY OF THE LETTER DATED 17/03/2010 ISSUED BY THE GEOLOGIST, KOLLAM AS PER INFORMATION ACT TO SRI.S.R. KRISHNAKUMAR, PANCHAYATH MEMBER. WP(C) NO. 10033/2010-D EXT.R4(c): COPY OF THE SANCTION LETTER DATED 21/04/2008 VALID UPTO 31/03/2010 FROM THE DEPUTY CHIEF CONTROLER OF EXPLOSIVES. EXT.R4(d): COPY OF THE SHOT FIRER'S PERMIT DATED 17/06/2008. EXT.R4(e): COPY OF THE NOC DATED 27/01/2010 ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KOLLAM. EXT.R4(f): COPY OF THE NOC DATED 01/02/2010 OF THE DMO, KOLLAM. //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10033 OF 2010-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2010. JUDGMENT This writ petition is filed seeking for appropriate directions to the 4th respondent to comply with the directions in Ext.P11 by issuing licence to the petitioners to operate the quarry pursuant to Ext.P10. 2. This Court passed a detailed interim order on 24.5.2010, wherein the Secretary of the Panchayat was directed to conduct a personal hearing of the petitioners and to finalise the proceedings within a period of two weeks from the date of the order. It is submitted by the learned counsel for the petitioner and learned Standing Counsel for the Panchayat that the Secretary has conducted a hearing and thereafter a decision has been taken to issue the licence and the licence has already been issued. In the above view of the matter, no further directions are called for in this writ petition and it is accordingly closed. No costs. (T.R. Ramachandran Nair, Judge.) kav/