IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 37850 of 2007(E) -------------------------- PETITIONER: ------------ SKARIA VARGHESE,S/O. MATHEW VARGHESE KUTTICKAL VEEDU, AMBOORI PO, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE NEYYAR DAM POLICE STATION THIRUVANANTHAPURAM RURAL. 4. THE SECRETARY, AMBOORI GRAMA PANCHAYAT THIRUVANANTHAPURAM. 5. THE PRESIDENT, AMBOORI GRAMA PANCHAYAT THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR R4-R5 BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37850 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 18th March, 2008 JUDGMENT This Writ Petition has been filed by the petitioner who is operator of a quarry seeking to quash Exts.P2 and P3 notices issued by the Panchayat directing the petitioner to close down the quarry since the operation of the quarry as well as blasting in the quarry causes danger to the lives of the public. The petitioner also prays for a writ of mandamus commanding respondents 3 and 5, namely, the S.I.of Police and the President of he Panchayat not to obstruct the petitioner from conducting the quarry. 2. Counter affidavit has been filed by the 4th respondent, the Secretary of the Panchayat justifying Exts.P2 and P3. To the counter affidavit, the petitioner has submitted reply affidavit. Through the reply affidavit the petitioner answers the contentions of the Panchayat that the petitioner is yet to obtain licence from the Panchayat. The petitioner contends that the necessity to take out a trade licence from the Panchayat by operators of quarry arose only in the light of Ext.R4 (a) circular which was issued only on 8.11.2007. On coming to know about Ext.R4(a), the petitioner has readily submitted Ext.P7 application dated 12.2.2008 to the Panchayat for licence. The counter W.P.C.No.37850/07 - 2 - affidavit points out that pursuant to the above circular which mandates obtainment of permit from the District Collector for stocking explosives upto 25 K.G., the petitioner has submitted an application to the District Collector, Trivandrum regarding issuance of permit/licence for stocking explosives upto 25 K.G. In view of the facts revealed from the reply affidavit, I am not inclined to decide the merits of the grounds raised by the petitioner. Since Ext.P7 is pending before the Panchayat, the Panchayat will consider that application and take a decision on the same after hearing the petitioner and anybody else who has submitted written complaint to the Panchayat regarding conduct of quarry by the petitioner. Decision as directed above shall be taken by the Panchayat on Ext.P7 at the earliest and at any rate within one month of receiving copy of this judgment. Similarly if any application filed by the petitioner on the basis of Ext.R4(a) circular seeking permit/licence for stocking explosives upto 25 K.G. is pending before the 2nd respondent, the 2nd respondent will, if necessary conduct necessary enquiry on that application, hear the petitioner and take a correct decision on that application. Decision as directed above will be taken by the District Collector at the earliest and at any rate within six weeks of receiving copy of this judgment. Considering the W.P.C.No.37850/07 - 3 - above directions, the interim order dated 7.1.2008 which was issued after taking into account Ext.P5 report submitted by the Tahsildar also, will continue till such time as the Panchayat takes a decision on Ext.P7 and the District Collector takes decision on the licence application as directed above. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE