IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 24224 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------ LIGI THOMAS, AGED 33 YEARS, S/O.T.C.THOMAS,MULLANIYIL HOUSE,ANGAMOOZHY PO CHITTAR SEETHATHODE VILLAGE, RANNI TALUK PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH RESPONDENT(S): -------------------------- 1. THE DIVISIONAL FORESTOFFICER OFFICE OF THE D.F.O. ,RANNI. 2. THE FOREST RANGE OFFICER KOCHUKOIKKAL FOREST RANGE,SEETHATHODE. SPL. GOVT. PLEADER MR.T.H.HANILKUMAR (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.24224 of 2009 ---------------------------------------- Dated 9th September, 2009 JUDGMENT The petitioner, who claims to be the owner in possession and enjoyment of a parcel of land 2.64 Acres in extent, situated in Survey No.1152/1 & 1152/2 of Chittar-Seethathode Village has filed this writ petition seeking an order restraining the respondents from interfering with the operation of the quarry being conducted by him in the said parcel of land. Relying on Ext.P1 Circular issued by the Village Officer and Ext.P3 quarrying permit issued by the Senior Geologist of Pathanamthitta district, the petitioner contends that he is entitled to run the quarry. 2. The petitioner has no case that he has obtained the requisite licence from th Chittar-Seethathodu Grama Panchayat under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996. A Division Bench of this Court in Gem Granites v. Dy. Superintendent of Police (2007 (1) KLT 937), held that to operate a quarry a licence issued by the local authority under the provisions of the the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 is necessary. In the light of the authoritative pronouncement of the WP(C).No.24224/2009 2 Division Bench of this Court in Gem Granites' case (supra), the petitioner who admittedly does not possess a licence issued by the Panchayat where his property is situate, cannot run the quarry. In such circumstances, I am of the considered opinion that the reliefs prayed for by the petitioner cannot be granted at this stage. The writ petition fails and is accordingly dismissed without prejudice to the petitioner's right to move the local authority for a licence under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 for the purpose of operating his quarry. P.N.RAVINDRAN Judge TKS