IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 38749 of 2010(P) -------------------------- PETITIONER: --------------- K.M.ABRAHAM, S/O.LATE MATHAI, AGED 53 YEARS, KALATHARA, KALATHOOR, KANAKKARY VILLAGE, KOTTAYAM. BY ADV. SRI.MATHEW ABRAHAM RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE VILLAGE OFFICER, KANAKKARY VILLAGE, MEENACHIL TALUK, KOTTAYAM-686633. 3. THE KANAKKARY GRAMA PANCHAYAT, KANAKKARY, KOTTAYAM REPRESENTED BY THE SECRETARY-686633. 4. THE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 5. THE DEPARTMENT OF MINING AND GELOLOGY, KOTTAYAM REPRESENTED BY ITS SENIOR GEOLOGIST-686002. 6. THE UNION OF INDIA REPRESENTED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFTY ORGANISATIONS (PESO) KENDRIYA BHAVAN, KAKKANAD P.O., KOCHI-37, KERALA STATE. 7. THE SUB INSPECTOR OF POLICE, KURAVILANGAD, KOTTAYAM-686633. 8. T.D.MATHEW, THUNDIYIL HOUSE, KANAKKARY, PATTITHANAM P.O., KOTTAYAM- BY SR.GOVERNMENT PLEADER ADV. MR.T.K. ARAVINDAKUMAR BABU R4 BY SRI.M.K.CHANDRAMOHAN DAS,SC,POLLUTION CONTROL BOARD R6 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R6 R4 TO R6 BY ADV.SMT.JISHAMOL CLEETUS, CGC R8 BY ADV. SRI.P.C.HARIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/04/2011, ALONG WITH W.P.(C )No.9273 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38749 of 2010(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE DEED DATED 09.04.1984 EXT.P2 : TRUE COPY OF THE STOP MEMO ISSUED BY THE SECOND RESPONDENT DATED 18.03.2010 EXT.P3 : TRUE COPY OF THE ORDER DATED 22.04.2010 EXT.P4(a) : TRUE COPY OF THE APPLICATION DATED 12.04.2010. EXT.P4(b) : TRUE COPY OF THE REPLY DATED 29.04.2010. EXT.P5(a) : TRUE COPY OF THE APPLICATION DATED 20.04.2010 FILED BY THE PETITIONER. EXT.P5(b) : TRUE COPY OF THE REPLY DATED 07.05.2010. EXT.P6 : TRUE COPY OF THE LETTER DATED 22.11.2010 EXT.P7(a) : TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 22.04.2010. EXT.P7(b) : TRUE COPY OF THE REPLY LETTER ISSUED BY THE 5TH RESPONDENT. EXT.P8 : TRUE COPY OF THE LICENCE DATED 05.11.2009 AND 10.03.2008 EXT.P9 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 19.02.2010. EXT.P10 : TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 20.04.2010. RESPONDENTS' EXHIBITS: EXT. R8A : TRUE COPY OF THE CONSENT DATED 28.07.2010 ISSUED BY THE 4TH RESPONDENT. EXT.R8B : TRUE COPY OF THE MINING PERMIT DATED 13.01.2011 ISSUED BY THE 5TH RESPONDENT. EXT.R8C : TRUE COPY OF THE LETTER DAT ED 16.08.2010 OF THE 6TH RESPONDENT. EXT.R8D : TRUE COPY OF THE NOC DATED 06.09.2010 ISSUED BY THE DMO, KOTTAYAM. EXT.R8E : TRUE COPY OF THE NC DATED 28.08.2010 OF ASST. DIVISIONAL OFFICER FIRE & RESCUE SERVICES, KOTTAYAM. WP(C).No. 38749 of 2010(P) EXT.R8F : TRUE COPY OF THE PLAINT IN O.S.NO. 93/2010 ON THE FILES OF THE MUNSIFF'S COURT, PALA. EXT.R8G : TRUE COPY OF THE WRITTEN STATEMENT FILED IN O.S. No.93/2010. EXT.R8H : TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT. EXT.R8I : TRUE COPY OF THE LETTER DATED 17.01.2011 OF THE 3RD RESPONDENT. EXT.R8J : TRUE COPY OF THE MINING MATES CERTIFICATE ISSUED TO DALJI JOSEPH. EXT.R8K : TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT. EXT.R8L : TRUE COPY OF THE LETTER WITH COPY OF DD SUBMITTED BY THE PETITIONER. EXT.R8M : TRUE COPY OF THE LETTER DAT ED 22.02.2011 OF THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) Nos. 38749 OF 2010 & 9273 OF 2011 ......................................................................... Dated this the 12th April , 2011 J U D G M E N T The petitioner in W.P.(C)No. 38749 of 2010 is stated as aggrieved of illegal quarrying operation done by the 8th respondent which hence is sought to be intercepted stating that the said respondent is having no licence or permit to conduct any such operation. The 8th respondent in the said writ petition has approached this Court by filing W.P.(C) 9273 of 2011 stating that pursuant to necessary steps taken by the parties all the requisite license have been obtained except the license to be given by the local authority, however, contending that by virtue of deeming provisions under Section 236 of the Kerala Panchayat Raj Act, the application preferred by the petitioner much earlier is liable to be treated as culminated in deemed license and the petitioner is entitled to pursue the operation. 2. The 7th respondent in the subsequent writ petition (W.P. W.P.(C) Nos. 38749 OF 2010 & 9273 OF 2011 2 (C) 9273 of 2011), who is the petitioner in the other case has filed a counter affidavit rebutting the averments and allegations raised in the writ petition. 3. Heard the learned Government Pleader as well 4. During the course of hearing, it is brought to the notice of this Court that Ext.P18 representation preferred by the petitioner in W.P.(C) 9273 of 2011 and Ext. P9 representation preferred by the petitioner in W.P.(C) 38749 of 2010 are pending consideration before the District Collector, Kottayam. This Court finds that the disputed facts and figures have to be considered at the first instance by the said respondent, ( ie, the District Collector, Kottayam) with reference to the relevant provisions of law and the credentials of the parties concerned. Accordingly, the 2nd respondent is directed to consider Exts.P18 (in W.P.(C) 9273 of 2011) and Ext.P10 (in W.P.(C) No. 38749 of 2010) and pass appropriate orders, in accordance with law, after hearing both the petitioners and also the Panchayath. Final orders shall be passed, as expeditiously as possible at any rate W.P.(C) Nos. 38749 OF 2010 & 9273 OF 2011 3 within six weeks from the date of receipt of a copy of the judgment. The writ petitions are disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk