IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9098 of 2007(G) -------------------------------------- PETITIONER(S): ---------------------- 1. THOMAS RAJAN , S/O.THOMAS, AGED 52, THAZATHIL VEEDU, NEERIKADU POST, AYARKUNNAM VILLAGE, KOTTAYAM DISTRICT. 2. GOWRIKUTTY, KOKKAPPALLIL HOUSE, NEERIKKAD P.O., KOTTAYAM. BY ADV. MR.JOHNSON MANAYANI RESPONDENT(S): ------------------------ 1. ADDL.SECRETARY, GOVERNMENT INDUSTRIES (A) DEPARTMENT, SECRETRIAT, TRIVANDRUM. 2. DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O., TRIVANDRUM. 3. GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, COLLECTORATE, KOTTAYAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 5. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETRIAT,TRIVANDRUM. 6. THOMAS CHACKO, PUZHUMALIL HOUSE, NEERIKKADU P.O., KOTTAYAM DISTRICT. BY GOVT. PLEADER MR.V.TEKCHAND ADV. MR.M.M.ALIAS FOR T6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9098/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE QUARRYING PERMIT ISSUED TO THE 6TH RESPONDENT. P2:- COPY OF THE JUDGMENT IN RP. NO.15 OF 2006 AND CONNECTED MATTERS OF THIS HONOURABLE COURT. P3:- COPY OF THE ORDER DT. 30.9.06 OF the 3RD RESPONDENT. P4:- COPY OF THE PETITION FILED BY THE PETITIONER BEFORE RESPONDENT 1 TO 3 DT. 20.2.06. TRUE COPY P.S. TO JUDGE TSS P.R. RAMACHANDRA MENON, JJ. ........................................................................ W.P.(C) No. 9098 OF 2007 ......................................................................... Dated this the 27th March, 2009 J U D G M E N T The prayer of the petitioners is for a direction compelling the respondent Nos. 1 to 5 to cause implementation of Ext.P3 order by giving appropriate directions to the sixth respondent for taking necessary remedial measures pursuant to the sand mining operation done by the sixth respondent. 2. The petitioners' case is that the sixth respondent was granted Ext.P1 permit for sand mining as permitted by the third respondent -Geologist . It was specifically stipulated that such permission would be strictly subject to the guidelines issued by this Court in W.P(C) 28521 of 2003, as specified under clause 19 of Ext.P1. It is seen that the activities pursued by the sixth respondent caused serious inconvenience and nuisance to the neighbours and general public, which made them to approach this Court wherein an interim order was passed directing the Geologist to conduct an inspection and to pass necessary orders as specified, so as to get the situation remedied. This made the Geologist to issue a memo which was sought to be reviewed by W.P.(C) No. 9098 OF 2007 2 filing R.P.No. 15 of 2006 by the sixth respondent. This Court considered all the connected matters including the R.P., which led to Ext. P2 order/judgment directing the Geologist to consider the specific points as raised in paragraph No.5 of Ext. P2. Pursuant to this, the third respondent considered all the relevant matters and passed Ext. P3 order giving appropriate directions to the sixth respondent to refill the 'mine pits' and restore the original topography, observing necessary distance limit from the adjoining house/adjacent properties, making it clear that any failure would attract revenue recovery proceedings against the said respondent without any further notice. The grievance of the petitioner is that despite the specific direction as given above and in spite of filing Ext.P4 complaint before the first respondent pointing out non-mplementation of Ext. P3, no positive step was taken by any of the concerned respondents, which made the petitioners to approach this Court. 3. The learned Government Pleader submits that pursuant to Ext.P3 order passed by the third respondent, all consequential steps were taken by the sixth respondent and all the pits in his W.P.(C) No. 9098 OF 2007 3 property were filled with earth. It is also submitted that in compliance with the direction in Ext.P3, the site was inspected and satisfied by the appropriate authorities and gave instruction to the 6th respondent to produce a certificate to be obtained from the Tahsildar/Village Officer as to the compliance, as specifically ordered in Ext.P3. In furtherance to this, the 6th respondent obtained the necessary certificate issued by the Village Officer, a copy of which, bearing No.P.R.53/07 dated 07.02.2007, has been produced by the learned Government Pleader for perusal of the Court. It is seen from the said proceedings that the 6th respondent has complied with the requirements, as contemplated under Ext.P3 order issued by the third respondent. In the above facts and circumstances, nothing remains further to be adjudicated in the present proceedings and the Writ Petition is closed accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk