IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 OP.No. 1670 of 2001(W) ---------------------- PETITIONER(S): --------------- 1. P. THOMAS, SON OF MR. PHILIPHOSE, AGED 66, SANKARATHIL, KURAMPALA, PANDALAM P.O., PATHANAMTHITTA DIST. 2. M. BABY, SON OF MR. MATHAI, AGED 38, KULATHUVADAKKETHIL HOUSE, KURMPALA, PANDALAM P.O., PATHANAMTHITTA DIST. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE TAHSILDAR, ADOOR. 4. THE VILLAGE OFFICER, KURAMPALA VILLAGE, PATHANAMTHITTA DIST. 5. CIRCLE INSPECTOR OF POLICE, PANDALAM. 6. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THEKKEMALA P.O., PATHANAMTHITTA. 7. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 2753 OF 2001 IN OP 1670 OF 2001 DISMISSED. 30.6.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KURAMPALA DATED 18.9.98 EXT.P2 COPY OF LICENCE IN FORM NO.22 DATED 1.2.1996 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, MADRAS TO THE FIRST PETITIONER. EXT.P3 COPY OF SHORT FIRER'S PERMIT DATED 4.1.93 ISSUED TO THE FIRST PETITIONER. EXT.P4 COPY OF QUARRYING PERMIT DATED 18.12.2000 ISSUED BY THE 6TH RESPONDENT TO THE FIRST PETITIONER. EXT.P5 COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.12.2000 EXT.P6 COPY OF REPRESENTATION SUBMITTED BY THE GENERAL SECRETARY OF KTUC BEFORE THE 1ST RESPONDENT DATED 14.11.2000 EXT.P7 COPY OF REPRESENTATION SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 3.1.2001 EXT.P8 COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE FIRST RESPONDENT DATED 8.1.2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 1670 OF 2001 -------------------------------------------- Dated this the 30th day of June, 2009 JUDGMENT Petitioners' case is that based on the order of the District Collector, his subordinate authorities, including Police, are not permitting them to mine stone from their property. O.P. was filed 8 years back and the matter has obviously become infructuous. It is accordingly closed leaving freedom to the petitioners to apply for fresh licence for the respondents to consider it in accordance with current norms. (C.N. RAMACHANDRAN NAIR) Judge kk 2