IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 19056 of 2007(R) ---------------------------------------- PETITIONER: --------------------- MATHAI E.V., S/O.UTHUPPU, AGED 69 YEARS, EDAPPARA HOUSE, EDAPPALAM P.O., PATTIKKADU, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------------------- 1. ROY, S/O.CHANDY, PARAPPURAM HOUSE, KOTTALLA P.O., OLLUKKARA VILLAGE, THRISSUR DISTRICT. 2. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI, 140, MARSHALLS ROAD, EGMORE, CHENNAI - 600 008. 3. THE SUB INSPECTOR OF POLICE, MANNUTHY. 4. THE ENVIRONMENTAL ENGINEER, THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR, THOTTEKKATTU LANE, POOMKUNNAM, THRISSUR - 680 002. 5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM, 43/350, POWERHOUSE EXTENSION ROAD, ERNAKULAM NORTH, COCHIN - 682 018. 6. THE THRISSUR MUNICIPAL CORPORATION, THRISSUR MUNICIPAL CORPORATION OFFICE, THRISSUR. 7. THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR. 8. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. ADV.SRI.TOMY XAVIER PARAPPURAM FOR R1 SMT.BEENA JOHN FOR R1 SRI.M.K.CHANDRAMOHAN DAS, SC, PCB FOR R4 SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION FOR R.6 SRI.LELLULAL T.G.THUNDATHIL FOR R6 SRI.K.A.SREEJITH FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008 ALONG WITH WPC NO. 1451 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19056/2007 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.275/1/2006 DTD. 21/1/2006 OF THE OLLUKKARA SUB REGISTRY. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PREDECESSOR OF PETITIONER BEFORE THE 6TH RESPONDENT DTD. 28/11/2005. EXT.P2(A): COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THAT THE 6TH RESPONDENT HAS RECEIPT EXHIBIT P2. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT SUPERINTENDENT OF POLICE BY THE PREDECESSOR OF THE PETITIONER DTD. 28/11/2005. EXT.P3(A): COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXHIBIT P3. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, MANNUTHY BY THE PREDECESSOR OF THE PETITIONER DTD. 28/11/2005. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE QUARRYING PERMIT NO.101/95-96/MM/GS/ RP/ROC/1351/E2/95 DTD. 11/12/95. EXT.R1(B): COPY OF THE LICENSE NO.L.DI.S17868/97/C5 DTD. 23/12/96. EXT.R1(C): COPY OF THE QUARRYING PERMIT DTD. 18/12/05 ISSUED FROM THE DEPARTMENT OF MINING AND GEOLOGY BEARING NO.559/95-96/MM/QP/GS/7136/C2/TDO/05 DTD. 19/10/05. EXT.R1(D): COPY OF THE LICENSE RENEWED TILL 31/01/08 VIDE PERMIT NO.474/07-08/MM/QP/GS/2550/C2/TDC/07 DTD. 18/12/07. EXT.R1(E): COPY OF VALID LICENSE ISSUED BY DY.CONTROLLER OF EXPLOSIVES, KAKKANADU BEARING LICENSE NO. E/SC/KL/22/861/(E 9794) DTD. 3/04/07. EXT.R1(F): COPY OF THE AGREEMENT DTD. 3/09/07 BETWEEN THE PETITIONER AND P.ARAVINDAKSHAN. EXT.R1(G): COPY OF THE CERTIFICATE OF CONSENT TO OPERATE QUARRY ISSUED BY THE 4TH RESPONDENT VIDE CONSENT NO.PCB/DO/TSR//IC/142/07 DTD. 13/12/07. /TRUE COPY/ Kss P.A.TO JUDGE ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.19056/2007 & 1451/2008 ----------------------------------------------------------- Dated this the 25th day of August, 2008 JUDGMENT The petitioner in WP(c).No.1451/2008 submits that, he is operating a quarry since 1995. According to him, he had a licence and other permits, which had been renewed from time to time and Exts.P1 to P6 have been produced in support of this contention. According to the petitioner, at the instigation of the petitioner in WP(c). No.19056/2007, Ext.P7 stop memo was issued by the Secretary of the Corporation, requiring the petitioner to stop forthwith further operation of the quarry and that lead him to file this writ petition. 2. It is seen that after the writ petition was admitted and parties were heard, by an order dated 21.1.2008 this court stayed Ext.P7 and directed that the petitioner be WP(c).No.1451/08 & anor. 2 permitted to operate the quarry subject to further orders. Counsel submits that on the strength of the aforesaid order, the quarry is being operated. 3. During the pendency of the writ petition, it is seen that the petitioner has filed Ext.P8 application for licence to the corporation and petitioner complains that orders on Ext.P8 have not been passed. A perusal of Ext.P7 stop memo shows that, the only ground on which the stop memo was issued, is that the petitioner had not obtained licence from the Corporation. This defect will be cured, if orders on Ext.P8 will be passed. Therefore at this stage, I feel that the proper course to be adopted is that the Corporation should be directed to pass orders on Ext.P8 as expeditiously as possible, with notice to the petitioner and the petitioner in WP(c).No.19056/2007, who is objecting to the continuance of the quarry. 4. Accordingly, the writ petition No.1451/2008 is disposed of directing that the first respondent shall take up, WP(c).No.1451/08 & anor. 3 consider and pass orders on Ext.P8 application made by the petitioner for operating his quarry, with notice to the petitioner and the second respondent who has filed WP(c). No.19056/2007. The order as above shall be passed, as expeditiously as possible and at any rate within six weeks from the date of production of a copy of the judgment. It is directed that until order are passed as above, the interim order dated 21.1.2008 will remains in force . Petitioner shall produce a copy of the judgment before the first respondent for compliance. In the light of the disposal of WP(c).No.1451/2008, no further orders are required in WP(c).No.19056/2007. Writ Petitions are disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.1451/08 & anor. 4