IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 14448 of 2008(T) ---------------------------------------- PETITIONER(S): ------------------------ 1. MOHANAN.V.D.,VELIYAMPARAMBIL HOUSE, KOOVAPALLY PO.,KOORAMTHUK, KOTTAYAM. 2. VISAL.P.V.,PUTHUVARATHIL HOUSE KOOVAPALLY PO.,KOORAMTHUK,KOTTAYAM BY ADV. MR.S.ANANTHAKRISHNAN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR,KOTTAYAM. 2. THE CONTROLLER OF EXPLOSIVES, C.G.O. BUILDING,KAKKANAD, ERNAKULAM. 3. THE PARATHODE GRAMA PANCHAYATH, REP. BY ITS SECRETARY,PARATHODE, KOTTAYAM DIST. 4. KERALA STATE POLLUTION COTROL BOARD, REP. BY ITS ENVIRONMENTAL ENGINEER, KOTTAYAM. 5. MARY JOSEPH, ARACKAL HOUSE, KARIKULAM, KOTTAYAM. 6. AUGUSTINE GEORGE @ RAJU, NELLAMATHADATHIL HOUSE,MANNARKKAYAM KARA, CHIRAKKADAVU VILLAGE. R1 & R2 BY SR.GOVERNMENT PLEADER SMT. N. SUDHA R3 BY ADV.MR.LIJI.J.VADAKEDOM R4 BY ADV.MR.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD R5 & R6 BY ADVS.MR.C.K.PRASAD, MR.ABHILASH S.FRANCIS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14448/2008 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPRESENTATION DTD. 16/04/2008. P2: COPY OF THE COMPLAINT DTD. 22/04/2008. RESPONDENT'S EXHIBITS: R6(A): COPY OF THE JUDGMENT PASSED IN AS.NO.93/05 DTD. 29/08/06. R6(B): COPY OF THE ORDER IN I.A.NO.1709/01 IN O.S.332/01 DTD. 21/12/2001. R6(C): COPY OF THE SAID LICENCE ISSUED BY THE DEPARTMENT OF EXPLOSIVES. R6(D): COPY OF THE RENEWED LICENCE DTD.11/03/08. R6(E): COPY OF THE MINING PERMIT ISSUED DTD. 02/04/2008 FOR THE PERIOD ENDING 01/06/2008. R6(F): COPY OF THE SHOT FIRER'S PERMIT ISSUED DTD. 12/08/1986. R6(G): COPY OF THE LETTER DTD. 09/02/2001. R6(H): COPY OF THE NON-OBJECTION CERTIFICATE DTD. 24/11/2005. R6(I): COPY OF THE NOC DTD. 13/06/2008. R6(J): COPY OF THE NOC DTD. 05/06/08. R6(K): COPY OF THE REPRESENTATION DTD. 30/04/08. R6(L): COPY OF THE GRAPH OF EXPLOSIVE MAGAZINE AND ITS PLAN PROPOSED BEFORE THE AUTHORITIES DTD. 15/11/1999 AND LATER SANCTIONED BY THE AUTHORITIES. R6(M): COPY OF THE SITE PLAN AND LOCATION MAP PREPARED BY THE VILLAGE OFFICER DTD. 13/02/07. R6(N): COPY OF THE STOP MEMO DTD. 13/05/08. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No. 14448 of 2008 ---------------------------- Dated 4th January, 2010 JUDGMENT The petitioners are the residents of Parathode Grama Panchath. They have filed this writ petition aggrieved by quarrying activities conducted by the sixth respondent in the lands belonging to the fifth respondent. The petitioners contend that respondents 5 and 6 do not possess the requisite licence issued by the local authority/Kerala State Pollution Control Board and also the Controller of Explosives. 2. The statement filed by the Kerala State Pollution Control Board discloses that by Annexure R4(a) order passed on 11.7.2008, the Kerala State Pollution Control Board has declined consent to operate the quarry. The learned counsel appearing for the third respondent Panchayath submits that the Panchayath has not till date issued a licence under the Kerala Panchayath Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996. He also submits that a stop memo has been issued on 13.5.2008 to respondents 5 and 6 to stop quarrying operations pursuant to the interim order passed by this Court. In such circumstances, as respondents 5 and 6 do not possess a licence issued by the third WP(C).No.14448/2008 2 respondent Grama Panchayath and the consent of the Kerala State Pollution Control Board to run the quarry in their lands, I am of the opinion that they have no right to continue to operate the quarry. I accordingly dispose of this writ petition with a direction to the District Collector, Kottayam and respondents 3 and 4 to ensure that respondents 5 and 6 do not conduct quarrying operations in the lands described in Ext.R4(a) order dated 11.7.2008 issued by the Environmental Engineer, Kerala State Pollution Control Board, Kottayam. P.N.RAVINDRAN Judge TKS