IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32251 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------ S.CHANDRA MOHANAN, AGED 59 YEARS, S/O.SIVADASAN, THEKKUVILA VEEDU, ALTHARAMOODU P.O., NAGAROOR VILLAGE, CHIRAYINKIL TALUK. BY ADV. SRI.K.P.SREEKUMAR RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, TRIVANDRUM-PIN-695 043. 2. NAGAROOR GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, NAGAROOR P.O., THIRUVANANTHAPURAM-PIN-695 618. R1 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32251/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE APPLICATION DATED 3/9/2010 FOR NO OBJECTION CERTIFICATE TO QUARRY ROCK FROM THE PURAMBOKE LAND COMPRISED IN SY.NO.555/2 OF NAGAROOR VILLAGE. EXT.P2 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 18/3/2011 ISSUED TO THE PETITIONER. EXT.P3 TRUE COPY OF THE LETTER 6/5/2011 ISSUED BY DISTRICT COLLECTOR ADDRESSED TO THE MINING AND GEOLOGY DEPARTMENT. EXT.P4 TRUE COPY OF THE LETTER DATED 21/6/2011 OF THE MINING AND GEOLOGY DEPARTMENT. EXT.P5 TRUE COPY OF THE LETTER DATED 12/10/2011 ISSUED BY POLLUTION CONTROL BOARD. EXT.P6 TURE COPY OF THE NO OBJECTION CERTIFICATE DATED 31/8/2004 ISSUED TO THE PETITIONER ALLOWING HIM TO BLAST ROCK FROM SY.NO.555/2 OF NAGAROOR VILLAGE. EXT.P7 TRUE COPY OF THE LETTER ADDRESSED TO THE PETITIONER WHO IS ADDRESSEE NUMBER 9 IN THE SAID LETTER DATED 27/10/2011. EXT.P8 TRUE COPY OF THE LOCATION SKETCH SUBMITTED BY THE VILLAGE OFFICER TO THE ENVIRONMENT ENGINEER OF THE POLLUTION CONTROL BOARD. EXT.P8(A) TRUE COPY OF THE COVERING LETTER DATED 22/6/2011. EXT.P9 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER FORWARDED TO THE CHIRAYINKIL TALUK OFFICE. EXT.P10 TRUE COPY OF THE REPORT DATED 27/9/2010 SENT BY THE TAHASILDAR TO THE DISTRICT COLLECTOR. EXT.P11 TRUE COPY OF THIS ORDER DATED 16/8/2011 IN WPC.14323/2011. EXT.P12 TRUE COPY OF THE DECISION DATED 25/8/2011 OF THE NAGAROOR PANCHAYATH. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ sts P.A.TO.JUDGE ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32251 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 3rd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Grievance of the petitioner is that Ext.P1 application made by him to the first respondent for NOC to obtain licence under the Explosives Act and Rules, is not considered. It is his case that he has already produced clearance from the other departments and that in spite of it, the application is not considered, which, according to the petitioner, is on account of Ext.P11 order passed by this Court. 2. Ext.P11 is an order passed by this Court in W.P. (C) No.14323/2011. In that order, petitioner is not a party nor does the said order prevent consideration of the application. In such circumstances, Ext.P11 cannot be a reason to justify non consideration of Ext.P1. 3. Clarifying the position as above, writ petition is disposed of, directing that, if Ext.P1 is still pending, the first W.P.(C) No.32251/2011 : 2 : respondent shall consider the same in accordance with law and in the light of the materials produced by the petitioner, at any rate, within four weeks from the date of production of a copy of this judgment. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/03/12 // True Copy // P.A. To Judge