IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 2031 of 2005(P) ------------------------------------ PETITIONERS: -------------------- 1. A.S. SHEEJA BEEVI, W/O. M. NAJEEB, CHANDIRATHIL PUTHENVEEDU, OYOOR, VELIYANOOR VILLAGE, KOTTARAKKARA TALUK. 2. M. NAJEEB, S/O. MUHAMMED HANEEFA, RESIDING AT -DO-. -DO-. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.P.RAHIM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 4. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM. 5. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 6. THE DY.SUPERINTENDENT OF POLICE, PUNALUR. 7. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA. 8. THE SUB INSPECTOR OF POLICE, POOYAPPILLY. 9. RATHANAN PILLA, KALIYIL PUTHENVEEDU ORKODE, OYOOR. W.P.(C).2031/2005-P 10. NAGAPPAN PILLAI, DO. DO. 11. KARTHIKEYAN PILLAI, PARAVILA PUTHEN VEEDU, OYOOR. 12. BABU SENAN, KUZHEEKKAL, PUTHENVEEDU. 13. MANIKUTTAN, KRISHNAVILASAM VEEDU, DO. DO. 14. BIJU, DO. DO. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW ADV. SRI.K.SASIKUMAR - R9 TO 14 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).2031/2005-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PARTITION DEED NO.11636/88 OF OYOOR SUB REGISTRY DATED 26/10/88. EXT.P2: COPY OF THE ORDER PASSED BY THE R.D.O. DATED 20/01/2000. EXT.P3: COPY OF THE COMPLAINT FILED BEFORE THE CHIEF MINISTER DATED 04/11/04. EXT.P4: COPY OF THE COMPLAINT FILED BEFORE THE DT. SUPDT. OF POLICE, KOLLAM DATED 05/01/05. EXT.P5: COPY OF THE COMPLAINT FILED BEFORE THE DIRECTOR OF MINING AND GEOLOGY DATED 20/12/99. EXT.P6: COPY OF THE COMPLAINT FILED BEFORE THE MINISTER FOR INDUSTRIES DATED 12/01/05. EXT.P7: COPY OF AGREEMENT EXECUTED ON 12/07/2000. RESPONDENT'S EXHIBITS: EXT.R9(a): COPY OF THE PERMIT NO.B2 5548/97 DATED 19/03/97 ISSUED BY THE TAHSILDAR, KOTTARAKARA. EXT.R9(b): COPY OF THE PERMIT NO.B2 7907/97/K AS DATED 21/04/97 ISSUED BY THE TAHSILDAR, KOTTARAKARA. EXT.R9(c): COPY OF THE LETTER DATED 29/10/2004 SUBMITTED BY THE 2ND PETITIONER TO THE TAHSILDAR, KOTTARAKARA. EXT.R9(d): COPY OF THE REPORT DATED 09/08/2006 FORWARDED BY THE VILLAGE OFFICER, VELLINALLOOR TO THE TAHZILDAR, KOTTARAKARA IN THE 9TH RESPONDENT'S APPLICATION. EXT.R9(e): COPY OF THE MAHAZAR DATED 09/08/2006 PREPARED BY THE VILLAGE OFFICER, VELLINALLOOR. EXT.R9(f): COPY OF THE PLAN SUBMITTED BY THE VILLAGE OFFICER, VELLINALLOOR IN THE APPLICATION SUBMITTED BY THE 9TH RESPONDENT. EXT.R9(g): COPY OF THE REPORT DATED 09/08/2006 FORWARDED BY THE VILLAGE OFFICER, VELLINALLOOR IN THE APPLICATION SUBMITTED BY THE 10TH RESPONDENT EXT.R9(h): COPY OF THE MAHAZAR DATED 09/08/2006 FORWARDED BY THE VILLAGE OFFICER, VELLINALLOOR. EXT.R9(i): COPY OF THE PLAN SUBMITTED BY THE VILLAGE OFFICER, VELLINALLOOR IN THE APPLICATION SUBMITTED BY THE 10TH RESPONDENT. // TRUE COPY // Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.2031 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T In the matter of alleged illegal quarrying done by the respondents 9 to 14, in case the petitioners have still any grievance left, they may approach the respondents 2 and 4, the Grama Panchayat, and the Pollution Control Board. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2031 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.