IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 22559 of 2011(T) -------------------------------------- PETITIONER(S): --------------------- VINOD.K, NELLANATTU HOUSE, KARIYANNOOR, ERUMAPETTY, THRISSUR. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, THRISSUR-680 003. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, THRISSUR-680 003. 3. THE TAHSILDAR, THALAPPILLY TALUK, THRISSUR-680 582. 4. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR-680 003. 5. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, POONKUNNAM P.O., THRISSUR-680 002. 6. THE ERUMAPETTY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ERUMAPETTY, THRISSUR-680 584. 7. HANEEFA, S/O.AHAMMED, VATTAPARAMBIL HOUSE, ERUMAPETTY, THRISSUR-680 584. Contd...........2 -:2:- WPC NO. 22559/2011 8. M.K.MUTHU, MARAMPARAMBATHU, KARIYANNOOR VILLAGE, THALAPPILLY TALUK, THRISSUR-680 584. 9. P.K.JALEEL, MANAGING PARTNER, BEST GRANITES, ERUMAPETTY GRAMA PANCHAYATH, THRISSUR-680 584. R1 TO R4 BY GOVERNMENT PLEADER SRI. RAFEEQUE R5 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD R6 BY ADV. SRI.SHOBY K.FRANCIS, SC R7 BY ADVS. SRI.P.SANJAY SRI.GLEN ANTONY SMT.M.VANAJA R8 BY ADV. SRI.P.SANTHOSH P. PODUVAL R9 BY ADV. SRI.JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 22559/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF ORDER WAS ISSUED BY THE REVENUE DIVISIONAL OFFICER DATED 18.06.1999. P2 COPIES OF THE PHOTOGRAPHS P3 COPY OF THE ORDER ISSUED BY THE SUB DIVISIONAL MAGISTRATE DATED 12.02.2007. P4 COPY OF THE REPLY RECEIVED UNDER THE RIGHT TO INFORMATION ACT DATED 02.02.2011. P5 COPY OF THE REPRESENTATION DATED 13.11.2010 FILED BEFORE THE DISTRICT COLLECTOR, THRISSUR. P6 COPY OF THE COMMUNICATION DATED 21.02.2011 RECEIVED UNDER THE RIGHT TO INFORMATION ACT. P7 COPY OF THE NOTICE DATED 07.03.2011. P8 COPY OF THE COMPLAINT PREFERRED BEFORE THE DISTRICT COLLECTOR DATED 02.05.2011. P9 COPY OF THE NEWS ITEM APPEARED IN THE MATHRUBHUMI DAILY DATED 29.07.2011. P10 COPY OF THE NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY. P11 COPY OF THE DECISION OF THE PANCHAYATH DATED 30.04.2011. P12 COPY OF THE DECISION TAKEN BY THE PANCHAYATH ON 09.11.2011 P13 COPY OF THE COMMUNICATION RECEIVED FROM THE CHIEF MINISTER'S PUBLIC GRIEVANCE REDRESS CELLL DATED 22.10.2011. RESPONDENTS' EXHIBITS R6(a) COPY OF THE STOP MEMO DATED 29.07.2011 ISSUED BY THE SECRETARY TO THE 9TH RESPONDENT. R6(b) COPY OF THE STOP MEMO DATED 29.09.2011 IN A7-108/2011 ISSUED BY THE SECRETARY TO THE 7TH RESPONDENT. R6(c) COPY OF THE ORDER DATED 25.10.2010 IN B11.51866/10 ISSUED BY THE COLLECTOR. Contd........2 -:2:- WPC NO. 22559/2011 R7(a) COPY OF TAX RECEIPT DATED 28.06.2011 & 05.05.2010 R7(b) COPY OF THE LICENSE ISSUED BY PANCHAYATH FROM 01.04.2000 TILL 28.09.2011 DATED 29.06.2011 R7(c) COPY OF THE SANCTION FROM EXPLOSIVE DEPARTMENT VALID UPTO 31.03.2015 DATED 03.09.2010 R7(d) COPY OF THE SACTION ORDER FROM POLLUTION CONTROL BOARD, DATED 23.09.2011 R7(e) COPY OF THE PERMIT VALID TILL 02.10.2012 DATED 03.10.2011. R7(f) COPY OF THE PERMIT VALID UPTO 29.09.2011 R7(g) COPY OF RECEIPT FOR RENEWAL APPLICATION R7(h) COPY OF THE ORDER DATED 14.10.2010 R7(i) COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER. R7(j) COPY OF THE CERTIFICATE ISSUED BY THE POLICE DATED 22.10.2011 TRUE COPY P.A. TO JUDGE SD HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 22559 of 2011 --------------------------------------- Dated this the 7th day of December 2011. JUDGMENT The writ petition is filed for a direction commanding respondents 1 to 6 to take steps to prevent the respondents 7 to 9 from conducting quarrying operation in Survey Nos. 772/P and 765/IP and for other incidental reliefs. 2. When the matter was taken up for consideration today, learned counsel for the petitioner submits that petitioner simultaneously preferred a complaint before the Chief Minister's Grievance Redressal Cell and that the petitioner received Ext.P13 communication stating that the matter has been referred to the Revenue Divisional Officer, Thrissur the 2nd respondent herein for consideration. Since the matter is now pending consideration before the 2nd respondent, no further orders are required in the writ petition. W.P.(C) No.22559/2011 2 In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on the complaints now pending before the 2nd respondent within a period of two months from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner and respondents 3 to 9. HARUN-UL-RASHID JUDGE al