IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 15218 of 2008(J) -------------------------------------- PETITIONERS: --------------------- 1. P.K. FATHIMA, AGED 53 YEARS, W/O. ABDURAHIMAN, MAYANGIL HOUSE, P.O.UNNIKULAM, KOZHIKODE. 2. P.K. NAFEESA, AGED 45 YEARS, W/O. MUSTAFA, ATHIRA, 33/3936, PACHAKKAL, P.O. MALAPARAMBA, CALICUT. BY ADV. SRI.A.V.M.SALAHUDDEEN. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING & GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, OPP.EXPORT PROCESSING ZONE, C-2, 3RD FLOOR, CGO COMPLEX, KAKKANAD, COCHIN. 3. THE DISTRICT COLLECTOR, KOZHIKODE. 4. TAHSILDAR, KOYILANDY TALUK, KOZHIKODE DISTRICT. 5. VILLAGE OFFICER, KANTHANAD VILLAGE, THALAYAD P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT. 6. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, KOZHIKODE DISTRICT OFFICE, KOZHIKODE. 7. THE DISTRICT OFFICER, KERALA STATE POLLUTION CONTROL BOARD, KOZHIKODE. W.P.(C). NO.15218/2008-J: 8. THE DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICER, KOZHIKODE. 9. THE DISTRICT INDUSTRIAL OFFICER, KOZHIKODE. 10. THE DEPUTY SUPERINTENDENT OF POLICE, KOZHIKODE. 11. SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION. 12. PANANGAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOZHIKODE DISTRICT. 13. P.K. ABDURAHIMAN, AGED 42 YEARS, JAREMMEL, P.O. EAKAROOL, UNNIKULAM AMSOM AND DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. 14. V.RAFEENA, W/O.P.K.ABDURAHIMAN, JAREMMEL, P.O. EAKAROOL, UNNIKULAM AMSOM AND DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. 15. HARIDAS, S/O. DAMODARAN NAIR, AGED 45 YEARS, THARROL HOUSE, P.O. EAKAROOL, KOYILANDY TALUK, KOZHIKODE DISTRICT. 16. M/S. MARY MATHA CONSTRUCTIONS, MUVATTUPUZHA. R1, R3 TO R6 AND R8 TO R11 BY GOVT. PLEADER SRI. SALIN KUMAR, R7 ADV. SRI.A.SUDHI VASUDEVAN, S.C, R2 BY SRI. T.P.M. IBRAHIM KHAN, ASST. S.G, SRI.TOJAN J.VATHIKULAM, C.G.C, R12 BY ADVS. SRI.R.SUDHISH, SMT.M.MANJU, R13 TO R15 BY ADVS. SRI.K.BABU THOMAS, SMT.MARYKUTTY BABU, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15218/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 08/05/2008 MADE BY THE PETITIONERS BEFORE THE 11TH RESPONDENT-POLICE. EXT.P.2: COPY OF THE REPRESENTATION DTD. 10/05/2008 MADE BY THE PETITIONERS BEFORE THE RESPONDENTS 3 TO 5. EXT.P.3: COPY OF THE REPRESENTATION DTD. 10/05/2008 MADE BY THE PETITIONERS BEFORE THE 12TH RESPONDENT-PANCHAYATH. EXT.P.4: COPY OF THE COMMISSION REPORT DTD. 18/03/2008 FILED O.S. 69/2008. EXT.P.5: COPY OF THE REPRESENTATION DTD. 14/05/2008 MADE BEFORE THE RESPONDENTS 1, 2 AND 6 TO 10. RESPONDENTS' EXHIBITS: EXT.R.13(A): COPY OF THE REGISTERED SALE DEED NO.3044/2007 OF SRO, BALUSSERY. EXT.R.13(B): COPY OF THE REGISTERED SALE DEED NO.3045/2007 OF SRO, BALUSSERY. EXT.R.13(C): COPY OF THE BASIC TAX RECEIPTS. EXT.R.13(D): COPY OF THE LICENCE OBTAINED FROM THE R.2. EXT.R.13(E): COPY OF THE QUARRYING PERMIT. EXT.R.13(F): COPY OF THE I.A. NO. 408/2008 IN O.S. NO. 69/2008 PENDING BEFORE THE MUNSIFF'S COURT, QUILANDY. EXT.R.13(G): COPY OF THE AGREEMENT FOR SUPPLY OF GRANITE STONES. EXT.R.13(H): COPY OF THE RECEIPT ISSUED BY PANANGAD GRAMA PANCHAYATH FOR LICENSE AND PROFESSION TAX AND PERMISSION FOR WORKING QUARRY FROM GOVT., EXT.R.13(J): COPY OF THE BLASTING LICENSE. EXT.R.13(K): COPY OF THE QUARRYING PERMIT. EXT.R.13(L): COPY OF THE CONSENT LETTER DTD. 19/08/2008. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15218 Of 2008 ----------------------------------------------------- DATED THIS THE 4th DAY OF OCTOBER, 2010 JUDGMENT The petitioners have approached this Court seeking for a direction to respondents 1 to 12 to take necessary action against respondents 13 to 16 and to stop the illegal operation of quarry in “Manakayam Malayil Petta Nettam Parachalu Paramba” situated on the side of Mangayam- Thalayad Road in Kinaloor Amsom and Desom of Koyilandi Taluk in Kozhikode District. 2. Respondents 13 to 16 have filed separate counter affidavits producing the licences obtained. 3. The learned counsel for the petitioners submitted that the order granting licences by the Panchayat is under appeal before the Tribunal for Local Self Government Institutions and in the light of the subsequent development, the Writ Petition may be closed, leaving open the remedy of the petitioners to challenge the order passed by the Tribunal, if it is adverse to the petitioners. Without prejudice to the right of the petitioners to challenge the order passed by the Tribunal, if it is adverse to the petitioners, the Writ Petition is closed. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge