IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28793 of 2011(Y) ---------------------------------------- PETITIONER(S): ----------------------- P.C. JOSEPH PARAMKULANGARA HOUSE, AMPARANIRAPPU P.O, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): -------------------------- 1. THE THIDANADU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, THIDANADU P.O, KOTTAYAM DISTRICT-686 123. 2. SUNNYCHAN ABRAHAM, POOVATHINAL HOUSE, AMPARANIRAPPU P.O, KOTTAYAM DISTRICT.-686 578. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 28793 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OBJECTION ISSUED BY THE 1ST RESPONDENT DATED 24/10/2011 ALONG WITH RECEIPT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 28793 OF 2011 ------------------------------- DATED THIS THE 28TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the lst respondent to consider and dispose of Ext.P1 objection. Petitioner is aggrieved by the proposed establishment of the quarry by the 2nd respondent, which according to the petitioner, is proposed to be set up in violation of the Mettaleferous Mine Regulation. It is submitted that Ext.P1 objection submitted by the petitioner is pending consideration before the Panchayat. Petitioner submits that the application for permit for the conduct of quarry is pending consideration before the Panchayat and if the Panchayat passes an order granting permit without considering Ext.P1 objection, the petitioner and other residents in the locality will be put to severe hardship and irreparable injury. 2. In view of the limited prayer of the petitioner for a direction to consider and dispose of Ext.P1 objection, this Court is -2- W.P.(C).No.28793/2011 of the view that the writ petition can be disposed of without issuing notice to the respondents. 3. In the aforesaid facts and circumstances of the case, the writ petition is disposed of with a direction to the lst respondent-Panchayat to consider Ext.P1 objection raised by the petitioner while considering the application for permit submitted by the 2nd respondent. Ext.P1 objection shall be considered, after affording an opportunity for hearing to the petitioner and the 2nd respondent. HARUN-UL-RASHID, Judge. kcv.