IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 16879 of 2011(H) -------------------------- PETITIONER(S): --------------- HAMSA, CHOLAKKATHODY, VALLAMKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, ANAMMANGAD, MALAPPURAM. 679 357. 2. THE REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, PERINTHALMANNA. 679 322. 3. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. 676 505. 4. ALIPARAMBA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.THOOTHA, PERINTHALMANNA. 679 357. 5. C.T.MOHAMMEDKUTTY, CHOLAKKATHODI HOUSE, P.O.THAZHEKODE WEST, PERINTHALMANNA. 679 357. ADV. SRI.P.SAMSUDIN FOR R5 GOVERNMENT PLEADER JAIBY PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16879 of 2011 APPENDIX EXHIBITS EXT.P1- A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS DATED 21.5.11 EXT.P2- A COPY OF THE APPLICATION DATED 13.6.11 SUBMITTED BY THE PETITIONER UNDER R.I.ACT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).16879/2011 .............................................. Dated this the 18th day of August, 2011 JUDGMENT The prayer sought in the writ petition reads as under:- Issue a writ of mandamus commanding the respondents 1 to 3 not to permit the fifth respondent to conduct quarrying without the necessary statutory licences, permissions, consent and no objection certificate under the Air (Prevention & Control of Pollution) Act, 1981, The Explosives Act, 1884, The Explosive Rules, 1983, The Mines and Mineral (Regulation and Development) Act, 1957, The Mineral Concession Rules, 1960, Mines Act, 1952 and the Rules made under Panchayath Raj Act, 1994 etc. 2. Counter affidavit has been filed by the fifth respondent in which it is stated that the fifth respondent has already obtained permission from the Mining and Geology Department a copy of which is Ext.R5(a), and that an application was made to the Panchyath on 20.7.2011 for licence which is pending consideration of the Panchayat. It is further stated thus:- W.P.(C).16879/11 2 “I am not conducting blasting with explosives. I only extract granite stones with the help of breaker attached to a heavy earth mover (JCB).” 3. Irrespective of the contentions of the petitioner regarding the absence of licence, if, as stated by the fifth respondent, there is no blasting, it is not objectionable. Therefore, I record the submission contained in the counter affidavit filed by the fifth respondent and direct that in the event any blasting is resorted to by the fifth respondent, it will be open to the petitioner to bring it to the notice of the fourth respondent, who shall immediately prohibit its continuance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs