IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 34204 of 2006(V) -------------------------- PETITIONER(S): --------------- 1. SRI.K.V.JOSEPH, S/O.K.C.VARGHESE, AGED 66 YEARS, KOCHUMURIYIL VEEDU, KOTTAVATTOM, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. SRI.P.G.THANKAPPAN, S/O.LATE GOVINDAN, AGED 73 YEARS, S.N.V.SADANAM, KOTTAVATTOM, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOY THATTIL ITTOOP RESPONDENT(S): --------------- 1. SRI.R.CHANDRABABU, M/S.VATTAKAITHA GRANITES, KOTTAVATTOM, CHAKKUVARAKKAL VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. 2. VETTIKAVALA GRAMA PANCHAYAT, KOTTAVATTOM, CHAKKUVARAKKAL VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. SENIOR GEOLOGIST, MIMING AND GEOLOGY, KOLLAM. 4. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, PATTOM, TRIVANDRUM. 5. THE TAHSILDAR, KOTTARAKARA TALUK. ADV. SRI.N.UNNIKRISHNAN FOR R2 SRI.ALEXANDER GEORGE FOR R1 SRI.DILIP MOHAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT ON 16.9.2004 EXT.P2 TRUE COPY OF THE MASS MEMORANDUM DATED 25.9.2004 SUBMITTED BEFORE THE CHIEF MINISTER EXT.P3 TRUE COPY OF THE COMPLAINT DATED 27.11.2006 SUBMITTED TO THE DISTRICT COLLECTOR. EXT.P4 TRUE COPY OF THE COMPLAINT DATED 7.12.2006 SUBMITTED BEFORE THE THIRD RESPONDENT. EXT.P5 TRUE COPY OF THE COMPLAINT DATED; 7.12.2006 SUBMITTED BEFORE THE HON'BLE MINISTER. FIRST RESPONDENT'S EXHIBITS: EXT.R1(A) TRUE COPY OF THE ORDER PASSED BY THE HON'BLE MUNSIFFS COURT, KOTTARAKKARA IN I.A. 1298 OF 2002 IN OS 260/2002 EXT.R1B TRUE COPY OF THE LEASE ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. EXT.R1C TRUE COPY OF THE LICENCE FOR WORKING THE CRUSHER UNIT ISSUED BY THE VETTIKAVALA GRAMA PANCHAYATH. EXT.R1D TRUE COPY OF THE LICENCE FOR WORKING THE QUARRY UNIT ISSUED BY THE VETTIKAVALA GRAMA PANCHAYATH. EXT.R1E TRUE COPY OF THE RENEWAL ORDER DATED 20.5.2006 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM. EXT.R1F TRUE COPY OF THE CERTIFICATE DATED 18.3.2005 ISSUED BY THE EXPLOSIVE SAFETY ORGANIZATION SOUTH CIRCLE CHENNAI FOR USING AND POSSESSING THE EXPLOSIVE ITEMS. EXT.R1G TRUE COPY OF THE SHOT FIRE'S CERTIFICATE ISSUED FROM THE GOVERNMENT OF INDIA DEPARTMENT OF EXPLOSIVES DATED 16.5.1984 2ND RESPONDENT'S EXHIBITS: EXT.R2A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER, VETTIKKAVALA. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 34204 OF 2006 -------------------------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The allegation is that mining is carried out by the first respondent without observing the formalities and without obtaining required permits. Counsel for the Panchayath submitted that mining is done in accordance with the terms. Government Pleader also confirms the same. In the circumstances, W.P.C. is closed leaving freedom to the petitioner to approach the concerned authority if there is violation of any of the conditions by the first respondent. (C.N. RAMACHANDRAN NAIR) Judge kk 2