BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.JOHN MATHEW (RETD.JUDGE) & SMT.K.SREELATHA DEVI (RETD. DIST.JUDGE) TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 26278 of 2008(C) ------------------------ PETITIONER(S): ------------- PRINCE PAUL JOHN, AGED 37 YEARS, S/O V.P. JOHN,VANDAMPARA PUTHENPURAYIL, HOUSE, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL RESPONDENT(S): ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU P.O., ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, MOOVATTUPUZHA, ERNAKULAM DISTRICT. 3. THE TAHSILDAR, MOOVATTUPUZHA TALUK OFFICE, MOOVATTUPUZHA P.O., ERNAKULAM DISTRICT. 4. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, CIVIL STATION, KAKKANADU P.O., ERNAKULAM DISTRICT. 5. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, GANDHI NAGAR,ERNAKULAM, KOCHI-20 6. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, C-2,3RD FLOOR, KENDRIYA BHAVAN, OPP.CESZ, KAKKANADU, KOCHI -37. 7. THE DIRECTOR OF MINE SAFETY, DEPARTMENT OF MINES & SAFETY, CHENNAI, REGION NO.5 (NEW). BLOCK AA ANNA NAGAR CHENNAI -40 8. PALAKUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALAKUZHA P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. 9. THE SECRETARY, PALAKUZHA GRAMA PANCHAYATH, PALAKUZHA P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. 10.A.J.BABU, AARIKKAPPILLIL HOUSE, KARIMBANA P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R6 & 7 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R5 SRI.K.GOPALAKRISHNA KURUP FOR R10 SRI.N.K.KARNIS FOR R8 SHRI.SOORANADU S.SREEKUMAR, CGC FOR R6 & 7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 06/04/2010, THE ADALAT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HON'BLE MR.JUSTICE K.JOHN MATHEW (RETD JUDGE, HIGH COURT OF KERALA) AND SMT.K.SREELATHA DEVI (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - W.P(C). NO.26278 OF 2008 - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 6TH DAY OF APRIL, 2010 A W A R D Both parties and their counsel are present. The petitioner Shri. Prince Paul John and the 10th respondent Shri. A.J.Babu and their counsel are present. The dispute in this Writ Petition is between them. They have settled the dispute in the following manner: (1).The 10th respondent Shri. A.J.Babu shall not conduct quarrying operation within a distance of 20 feet from the boundaries of the petitioner's property. (2).The 10th respondent shall take all precautions and measures to avoid any stone particles to escape into the petitioner's property or to cause any damage to the trees and building in the petitioner's property and shall ensure that no damage of any kind will be caused to the petitioner by reason of the quarrying operations. (3).The water collected in the quarry pit should not overflow to the property of the petitioner. Water should be stored or treated within the premises of the 10th respondent. W.P(C). NO.26278/2008 2 (4).For the purpose of prevention of air and sound pollution proper measures shall be taken and proper measures shall be installed in the crusher unit as well as in the quarry to prevent pollution as prescribed by the officers of Pollution Control Board from time to time. (5).The 10th respondent shall also be bound to follow the terms and conditions as well as the undertaking given by him in the agreement entered into between the petitioner and the 10th respondent on 17.07.2007 throughout the period which quarrying is conducted. That agreement will form part of this award. (6).The 10th respondent shall not pump the water stored in the quarry pit over to the petitioner's property. (7).Since the surface soil of the petitioner's land is already washed out due to the overflow of the water from the quarry pit, the 10th respondent shall take definite steps not to discharge the surface water collected in the quarry pit to the petitioner's property so as to prevent soil erosion from the petitioner's property. (8).The 10th respondent also is bound to follow the prescribed conditions as per law in respect of the proper conduct of the quarry and running of the crusher unit as well. W.P(C). NO.26278/2008 3 The Writ Petition is closed as settled. Issue copy to both sides. Sd/- K.JOHN MATHEW (RETD. JUDGE) Sd/- K.SREELATHA DEVI (RETD. DISTRICT JUDGE) ss/.