IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 3369 of 2011(U) --------------------------------------- PETITIONER(S): ------------------------ PAILI P.P., S/O. PAPPI, AGED 59 YEARS, HAPPY HOME, KRISHNAGIRI P.O., MEENANGADI-623 591. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): --------------- 1. THE MEENANGADI GRAMA PANCHAYAT, WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY, 673 591. 2. THE PRESIDENT, MEENANGADI GRAMA PANCHAYAT, WAYANAD DISTRICT, 673 591. 3. STATE OF KERALA, REPRESENTED BY THE DEPUTY DIRECTOR OF PANCHAYATS, KALPETTA, WAYANAD-673 121. R1 BY ADV. SRI.ASOK M.CHERIAN, SRI.SANTHOSH G. PRABHU. R3 BY GOVT. PLEADER SMT.K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 3369 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FOR LICENCE DATED 06/12/2009 FILED BEFORE THE FIRST RESPONDENT BY THE PETITIONER. EXT.P2: COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT DATED 06/12/2009 TO THE PETITIONER. EXT.P3: COPY OF THE CONSENT LETTER DATED 02/02/2010 ISSUED BY THE WAYANAD GRANITES SECRETARY TO THE PETITIONER. EXT.P4: COPY OF THE LETTER DATED 04/03/2010 ISSUED BY 26 PERSONS EVIDENCING THE ENLARGING OF THEIR SUPPORT FOR STARTING OF THE QUARRY BY THE PETITIONER. EXT.P5: COPY OF THE LETTER ISSUED BY THE GEOLOGIST DATED 10/03/2010 IN FAVOUR OF THE PETITIONER. EXT.P6: COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 25/11/2009 ALONG WITH LOCATION SKETCH IN FAVOUR OF THE PETITIONER. EXT.P7: COPY OF THE STOP MEMO DATED 20/09/2010 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P9: COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT EVIDENCING EXT.P8 REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE RESOLUTION NO.115 OF 2010 DATED 30/03/2010 OF THE 1ST RESPONDENT GRAMA PANCHAYAT. EXT.R1(b): COPY OF THE RESOLUTION NO.115 OF 2010 DATED 30/03/2010 OF THE 1ST RESPONDENT GRAMA PANCHAYAT. EXT.R1(c): COPY OF THE LETTER OF THE 1ST RESPONDENT ADDRESSED TO THE DISTRICT COLLECTOR, WAYANAD DISTRICT DATED 14/09/2010. EXT.R1(d): COPY OF THE ORDER OF THE KERALA STATE POLLUTION CONTROL BOARD DATED 02/02/2011. //TRUE COPY// P.A. TO JUDGE rs C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 3369 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2011 J U D G M E N T This writ petition was filed on being aggrieved by the rejection of Ext.P1 application for quarrying permit. The contention of the petitioner is that he had submitted Ext.P1 application along with all other requisite licences and consent letter. Therefore, according to the petitioner, there is absolutely no reason for the respondents to decline grant of the permit sought for as per Ext.P1. 2. A counter affidavit has been filed in this writ petition. Along with the counter affidavit Exhibit R1(a) resolution has been produced. It would reveal that on consideration of the application submitted by the petitioner, it was decided not to grant licence to the petitioner. Indisputably, an appeal will lie against Ext.R1(a). In the said circumstances, I do not think it necessary to consider the rival contentions on merits at this stage. It will be open to the petitioner to assail Ext.R1(a) in appropriate proceedings, in accordance with law. In the said circumstance, without prejudice to the right of the petitioner to assail Ext.R1(a) whereby Ext.P1 application was rejected in appeal, in accordance with law, this writ petition is dismissed. Sd/- C.T.RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK W.P.(C) No. 3369 of 2011 -2-