IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 9842 of 2010(E) ------------------------- PETITIONER: --------------- STANLEY P.GEORGE, PLAMTHARAYIL HOUSE, PARAKKOOTTOM.P.O., ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, VILLAGE OFFICE, PALLICKAL. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. PALLICKAL GRAMAPANCCHAYAT, REPRESENTED BY ITS SECRETARY, PAZHAKKULAM, ADOOR, PATHANAMTHITTA DISTRICT. 4. BIJU SAMUEL, SON OF Y.SAMUEL, KANJIRAVILAYIL HOUSE, PORUVAZHI NORTH, CHATHAKKULAM, KOLLAM. BY GOVT.PLEADER SHRI P.NARAYANAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, ALONG WITH WPC NO. 35662 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.35662 of 2009 & 9842 of 2010 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2010. JUDGMENT These two writ petitions are concerned with the issue regarding the conduct of quarrying in Re-Sy.No.655/2 of Block No.34 of Pallickal Village by the petitioner in W.P.(C).No.9842 of 2010. 2. The main relief sought for in W.P.(C).No.35662 of 2009 is to direct respondents 3 and 4 to restrain first and second respondents from carrying on the quarrying and blasting operations in their property without obtaining the requisite permits, licenses and No Objection Certificates and without strictly complying with the terms and conditions contained in such permits and licenses. 3. This Court had passed an interim order dated 10/12/2009 directing the District Collector, Pathanamthitta and the Secretary, Pallickal Grama Panchayat to ensure that respondents WPC.No.35662/2009 & 9842/2010 : 2 : one and two conduct quarrying operations only if they possess valid licenses/permits issued by the competent authorities and if such licenses or permits have been issued, only in accordance with the terms and stipulations therein. The respondents have filed counter affidavit in the said writ petition. 4. In W.P.(C).No.9842 of 2010 the petitioner is aggrieved by the stop memo issued by the Village Officer as per Ext.P2. 5. Heard the learned counsel appearing for both sides. The learned counsel for the petitioner in W.P.(C).No.35662 of 2009 submitted that respondents 1 and 2 are not having valid licenses and permits whereas respondents 1 and 2 submit that they are having valid permits and licenses. 6. Going by the stop memo issued by the Village Officer, what is directed is only to produce the licenses and permits before the District Collector. 7. Therefore, it is upto the petitioner in the W.P.(C) No.9842 of 2010 to produce the various permits and licenses WPC.No.35662/2009 & 9842/2010 : 3 : before the District Collector for seeking permission to conduct the quarrying in accordance with the terms and conditions. 8. Therefore, there will be a direction to the District Collector to take a decision on the same after hearing both the parties and the Panchayath. It is upto the petitioner in W.P.(C) No.9842 of 2010 to produce all the permits and licenses before the District Collector within a period of ten days. Thereupon, the District Collector will consider all the aspects and pass appropriate orders with regard to the continuance or withdrawal of the stop memo within a further period of three weeks. These writ petitions are accordingly disposed of. No costs. T.R. Ramachandran Nair, Judge skj