IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Con.Case(C).No. 247 of 2007(S) ------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34218/2005 Dated 11/10/2006 .................... PETITIONER: -------------------- E.A. MATHAI, S/O.VARKEY, ELLICKALPARAMBIL, MAMALA P.O., THIRUVANIYOOR VILLAGE, ERNAKULAM. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.BEPIN PAUL RESPONDENTS/ RESPONDENTS 1 TO 5 , 7 & 11 ---------------------- 1. SMT.LIZZIE JACOB, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITONER), CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. SHRI.MOHAMMED HANEESH, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER) DISTRICT COLLECTOR, ERNAKULAM. 3. SHRI.M. WAHAB, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 4. SHRI.N.KRISHNA MOORTHY, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER), THE GEOLOGIST, CIVIL STATION, KAKKANAD. 5. SHRI.A.L.KRISHNA MOORTHY (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), DIRECTOR-IN-CHARGE, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM. Cont.Case (C ) N.34218/2005 6. SHRI.MOHANAN, SECRETARY, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), THIRUVANIYOOR GRAMA PANCHAYATH, THIRUVANIYOOR. 7. SHRI.K.R. MANI ALIAS MANIYAPPAN, S/O.RAJAPPAN, AGE NOT KNOWN TO THE PETITIONER, KANNIYARPARAMBIL NOW RESIDING AT MOLATH, KAKKAD, MAMALA P.O. BY ADV. SRI.PHILIP T.VARGHESE FOR R6 SRI.THOMAS T.VARGHESE FOR R6 SR. GOVERNMENT PLEADER SMT.T.B.RAMANI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- C.C.(C). NO. 247 OF 2007 S IN W.P.C. NO. 34218 OF 2005 W -------------------------------------- Dated this the 20th February, 2008 JUDGMENT By Annexure I Judgment, this Court had disposed of the Writ Petition filed by the petitioner, inter alia, directing as follows: "There will be a direction to respondents 1 to 8 to see that quarrying operations in the properties comprised in Sy. No.70/4 and 70/6 in Thiruvaniyoor Village shall not be carried out by respondents 9 to 12 as they are not possessed of the blaster's permit. As long as they are not in possession of the blaster's permit, this mandamus shall be enforced. It is made clear, however, that if respondents 9 to 12 acquire the blaster's licence as declared as necessary by the Judgment of the learned Single Judge and confirmed by the Division Bench aforesaid, they can be permitted to operate quarrying provided they are in possession of all other requisite licences." CCC 247/07 2 2. Alleging contempt of the said Judgment, this Contempt of Court Case is filed. According to petitioner, despite the Judgment, even though respondents 9 to 12 are not possessed of blaster's permit under the Act, quarrying operation is being continued without licence by the 7th respondent. A Counter Affidavit is seen filed by the fifth respondent and therein it is stated that the 7th respondent possesses valid explosive licence and the 7th respondent has engaged one Shri N.A. Thomas Pattimattom, Kunnathunadu who has passed the Mines Mate Examination to supervise the blasting operations in the quarry under the Metalliferous Mines Regulations. It is further stated that the other respondents in the Writ Petition who were engaged in quarrying operations have not satisfied the conditions stipulated in the Judgment and at present they are not doing any quarrying operation in the disputed area as admitted by the petitioner himself in the Contempt Case. I think that in the light of these submissions, this Court need not proceed with the Contempt Case. Accordingly, the Contempt of Court Case is CCC 247/07 3 dropped. This will be without prejudice to the right of the petitioner to ventilate his grievances in the appropriate Forum. K. M. JOSEPH, JUDGE kbk.