IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29618 of 2011(B) -------------------------- PETITIONER(S): ----- ----------------- 1. P.P.CHACKO,PARAKKATTIL HOUSE, PALAKKAMITTAM KARA, KINGINIMATTAM P.O, KOLENCHERRY. 2. P.P.MATHEW, PARAKKATTIL HOUSE,PALAKKAMITTAM KARA, KINGINIMATTAM P.O,KOLENCHERRY. 3. P.P.JOSE, PARAKKATTIL HOUSE,PALAKKAMITTAM KARA, KINGINIMATTAM P.O,KOLENCHERRY. 4. P.P.SUNNY,PARAKKATTIL HOUSE, VADAYAMPADY P.O, PUTHENCRUZ. BY ADVS. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): ------------------------ 1. POOTHRIKKA GRAMA PANCHAYAT POOTHRIKKA P.O, KOLENCHERY, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. SENIOR GEOLOGIST, DISTRICT OFFICE, MINING & GEOLOGY DEPARTMENT ERNAKULAM, CIVIL STATION, KAKKANADU COCHIN 30. 3. THE CHEIF ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM, GANDHINAGAR, KOCHI 682 020. 4. KURIAN MATHEW ALAKATHUTTU HOUSE,RAMAMANGALAM P.O, MOOVATTUPUZHA, ERNAKULAM DISTRICT. R2 BY SR.GOVT.PLEADER SMT.M.J.RAJASHREE R3 BY ADV.SRI.M.K.CHANDRAMOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29618/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 : COPY OF THE QUARRYING PERMIT ISSUED BY THE 2ND RESPONDENT DATED 27.9.2011 TO THE 4TH RESPONDENT ALONG WITH THE LOCATION SKETCH ATTACHED WITH THE PERMIT. EXHIBIT P2 : COPY OF THE COMPLAINT MADE TO THE IST RESPONDENT ON 2.8.11 DATED NIL BY ALL THE PETITIONERS. EXHIBIT P3 : COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE POOTHRIKKA GRAMA PANCHAYAT TO THE PETITIONERS DATED 2.8.2011. EXHIBIT P4 : COPY OF THE COMPLAINT MADE BY THE PETITIONERS TO THE 2ND RESPONDENT. EXHIBIT P5 : COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT P4 COMPLAINT AS PER RECEIPT NO. DOE/2485/E2/2011. EXHIBIT P6 : COPY OF THE REPRESENTATION DATED 27.10.2011 MADE BY THE PETITIONERS TO THE IST RESPONDENT. EXHIBIT P7 : COPY OF THE RECEIPT ISSUED FROM THE POOTHRIKKA GRAMA PANCHAYAT OFFICE EVIDENCING THE RECEIPT OF EXHIBIT P6. EXHIBIT P8 : COPY OF THE REPRESENTATION 29/10/2011 SUBMITTED BY THE PETITIONERS TO THE THIRD RESPONDENT. EXHIBIT P9 : COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT P8 REPRESENTATION. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 29618 OF 2011 ----------------------------------------------------- Dated this the 8th day of November, 2011 J U D G M E N T Grievance of the petitioner is primarily regarding the quarrying that is allegedly carried on by the 4th respondent, without obtaining necessary license from the Panchayath or Pollution Control Board. If this be the allegation, in my view, the remedy of the petitioner is to approach the civil court against such activity of the 4th respondent and not filing a writ petition. 2. However, learned counsel for the petitioner submits that the his complaints to the Panchayath were not acted upon. If that be so, I leave it open to the petitioner to approach the first respondent, in which event the Panchayath will take necessary action on the complaint in accordance with law and with notice to the affected parties. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-