IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 22484 of 2005(B) ---------------------------------------- PETITIONER: -------------------- PRAHLADAN, S/O.CHAMY, AYIRAMKOLLI COLONY, HOUSE NO. 870A, AMBALAVAYAL, WAYANAD DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------------------ 1. BOSE SEBASTIAN, S/O.AUGUSTINE, ALAMMOODU PUTHENBANGLAVIL, AYIRAMKOLLI, AMBALAVAYAL AMSOM DESOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE REVENUE DIVISIONAL OFFICER, WAYANAD. 4. THE AMBALAVAYAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AMBALAVAYAL, WAYANAD DISTRICT. 5. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, WAYANAD. BY ADV. SRI.P.CHANDRASEKHAR - R1 BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22484/2005 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF ASSESSMENT UNDER THE BUILDING TAX ACT DTD. 23/08/2001 ISSUED BY THE TAHSILDAR, SULTHAN BATHERY. EXT.P2: COPY OF THE DEMAND NOTICE ISSUED BY THE TAHSILDAR, SULTHAN BATHERY UNDER RULE 10 OF THE BUILDING TAX RULES DTD. 23/08/2001. EXT.P3: COPY OF THE NO OBJECTION CERTIFICATE DTD. 16/06/2005 ISSUED BY THE DISTRICT COLLECTOR, WAYANAD IN FAVOUR OF THE FIRST RESPONDENT. EXT.P4: COPY OF THE QUARRYING PERMIT ISSUED IN FAVOUR OF THE FIRST RESPONDENT BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, WAYANAD DTD. 20/06/2005. EXT.P5: COPY OF THE SURVEY SKETCH OF SURVEY NO.215/ IAIAI OF AMBALAVAYAL VILLAGE ISSUED BY THE TALUK SURVEYOR. EXT.P6: COPY OF THE SURVEY SKETCH OF SURVEY NO.298/ IAIAIA ISSUED BY THE VILLAGE OFFICER, AMBALAVAYAL. EXT.P7: COPY OF THE PERMIT ISSUED BY THE GEOLOGIST DTD.1/1/2004. EXT.P8: COPY OF THE COMMISSION REPORT IN OS.NO.176/2005 BEFORE THE COURT OF MUNSIFF MAGISTRATE, SULTHAN BATHERY DTD. 11/07/2005. EXT.P9: COPY OF THE REPRESENTATION 19/07/2005 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT WITH COPY TO THE RESPONDENTS 3,4 AND 5. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE ORDER NO.4638/99/D DTD. 14/10/99 ISSUED BY SUB DIVISIONAL MAGISTRATE, MANANTHAVADY. EXT.R1(B): COPY OF THE LETTER DTD. 30/06/2005 OF THE TAHSILDAR, SULTHAN BATHERY TO THE S.I. OF POLICE,AMBALAVAYAL. EXT.R1(C): COPY OF THE COMMISSION REPORT AND PLAN DTD. 27/05/2005 IN O.S.96/05. EXT.R1(D): COPY OF THE AGREEMENT DTD. 25/06/2003 EXECUTED BY PETITIONER'S MOTHER WITH SHRI.CHANDRAN AND TWO OTHERS. /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.22484 of 2005 ----------------------------------------- Dated this the 25th day of July, 2008 JUDGMENT In the matter of alleged illegal quarrying in case the petitioner has still any grievance left he may approach the second and 4th respondents in which case appropriate action in accordance with law in the matter will be taken expeditiously. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.22484 of 2005 ----------------------------------- JUDGMENT 25th July, 2008