IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 8675 of 2008(G) ------------------------------------- PETITIONER: ------------------- DEVASSY VARKEY, AGED 79 YEARS, S/O.DEVASSY, CHIRAMEL HOUSE, MANJAPRA P.O., ANGAMALI. BY ADV. DR.GEORGE ABRAHAM. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD. 2. THE TAHSILDAR, ALUVA, ALUVA TALUK OFFICE, ALUVA. 3. AYYAMPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AYYAMPUZHA, ANGAMALY. 4. K.D.VARKEY, KALLOOKKARAN HOUSE, PAVATHATTUKUNNU, KARUKUTTY P.O. (VIA) ANGAMALY. 5. K.O.POULOSE, KUNNEKADAN HOUSE, MUTTOOR P.O., POTHIYAKKARA - (VIA) ANGAMALY. 6. BIJU ITTIACHAN, PUNNKKAL KULUKAN HOUSE, CHULLY, AYYAMPUZHA P.O, (VIA) ANGAMALY. 7. V.P.DAVID, VITHAYATHIL VEEDU, AYYAMPUZHA P.O., (VIA) ANGAMALY. W.P.(C). NO.8675/2008-G: 8. K.J.PAPPACHAN, KATTEL HOUSE, AYYAMPUZHA P.O., (VIA) ANGAMALY. R1 & R2 BY GOVERNMENT PLEADER SMT. T.B. REMANI, R3 BY ADV. SMT.MEREENA JOSEPH, R4 BY ADVS. MR.A.VIJAYAKUMAR, MR.A.N.SANTHOSH, R5 TO R8 BY ADV. MR.WILSON URMESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8675/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE B.T.R REGISTRATION OF THE AYYAMPUZHA VILLAGE. EXT.P.2: COPY OF THE SKETCH OF THE PETITIONER'S PROPERTY. EXT.P.3: COPY OF THE COMPLAINT FILED BY THE PETITIONER DTD. 22/02/2008. EXT.P.4: COPY OF THE ORDER ISSUED BY THE R.2. DTD. 17/01/2008. EXT.P.5: COPY OF THE NEWS ITEM WHICH APPEARED IN THE MALAYALA MANORAMA DAILY DTD. 09/03/2008. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE QUARRYING LEASE AGREEMENT DTD. 17/12/07 BETWEEN THE RESPONDENT AND GOVERNMENT. EXT.R4.B: COPY OF THE EXPLOSIVE LICENSE ISSUED BY DY. CONTROLLER OF EXPLOSIVES, ERNAKULAM DTD. 04/04/08. EXT.R4.C: COPY OF THE SHORT FIRERS PERMIT ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DTD. 29/12/04. EXT.R4.D: COPY OF THE PERMIT FOR QUARRYING BY DISTRICT GEOLOGIST DTD. 04/04/08. EXT.R4.E: COPY OF THE LICENSE ISSUED BY SECRETARY GRAMA PANCHAYAT. EXT.R4.F: COPY OF THE CONSENT TO OPERATE QUARRY BY CHIEF ENVIRONMENTAL ENGINEER, STATE POLLUTION CONTROL BOARD. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8675 OF 2008 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT The petitioner seeks a direction in relation to alleged quarrying activities of the private respondents, one among whom has filed a detailed counter affidavit on record providing therewith the materials on the basis of which he says that he is entitled to carry on the activity. However, the Tahsildar, Aluva has filed a statement to the following effect: “It is submitted that on the basis of a petition filed by residents of Potta Kara, Ayyampuzha Village, Aluva Taluk above illegal quarrying being conducted in Survey Block 19 of Ayyampuzha Village, enquiry was conducted through the Village Officer, Ayyampuzha. Subsequent to an explosion which occurred on 21.12.2007 at the site, causing damages to neighbouring houses, a stop memo was issued on 22.12.2007 itself through the Village Officer, Ayyampuzha and the operations at the quarry were stopped. This order was further WPC.8675/08 2 reiterated on the basis of the directions given by the District Collector. The quarry is situated in a thickly populated area. Taking into account the hardships including environmental damages that are likely to be caused by the operations at the quarry, strict directions have been issued through the Village Officer, Ayyampuzha, to prohibit the quarrying and the Village Officer has further being directed to enforce the same and to report any violation of the prohibitory order”. Under such circumstances, all that is required, as of now, is to record that the official respondents have taken due protective action and the intervention of this Court is not necessary at this stage. Hence, leaving open all contentions of the private respondents and the petitioner regarding the merits or demerits of the claim of the private respondents to conduct the activity, this writ petition is ordered directing that the second respondent Tahsildar and the first respondent District Collector will ensure that all the needful are taken to protect the life of the inhabitants WPC.8675/08 3 of that area which is stated to be thickly populated and also that there is no damage to property or environment in any manner breaching the law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.03/02