IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 7805 of 2009(U) ----------------------------------- PETITIONER(S): ---------------------- BABU.P.KURIAKOSE,PALLATHUKUDI HOUSE, ADIMALI.PO, MANNAMKANDAM VILLAGE,IDUKKI DISTRICT. BY ADV. SRI.THAMPAN THOMAS RESPONDENT(S): ------------------------ 1. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B,TRANSMISSION, SUB DIVISION,KOTHAMANGALAM. 2. THE TAHSILDAR, DEVIKULAM. 3. BABY VARKEY, MAPLAKUDY, SOUTH KATHIPARA, KALLARUKUTTY.PO. R1 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B BY GOVERNMENT PLEADER ADV.SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, ALONG WITH WP(C) NO.8778 OF 2009 , AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7805/2009-U APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LEASE DEED NO. 1711/03 DATED 31-3-2003. P2 COPY OF THE PLAN P3 COPY OF THE ORDER NO. 623 2002-03 1683 M3 DATED 12-3-2003. P4 COPY OF THE ORDER NO.DOI/78/M/03 DATED 31-3-2003 . P5 COPY OF THE PERMIT NO. 013126 VALID UPTO 11-7-2008. P6 COPY OF THE CONSENT FROM THE POLLUTION CONTROL BOARD DATED 02-06- 2008. P7 COPY OF THE LICENSE DATED 31-7-2003. P8 COPY OF THE JUDGMET DATED 30-10-2003 IN WP(C) NO. 22066/2003. P9 COPY OF THE ORDER DATED 30-05-2008. P10 COPY OF THE JUDGMENT IN W.A.NO.1334/2008 DATED 26-6-2008. P11 COPY OF THE NOTICE DE-06/TSDK/08-09 DATED 23-6-2008. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 7805/2009-U & 8778/2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2010. JUDGMENT Both the writ petitions are filed by the same petitioner. In W.P.(C) No.7805/2009 the challenge is against Ext.P11, a communication issued by the Assistant Executive Engineer, Kerala State Electricity Board, Kothamangalam directing the petitioner to stop all the activities relating to the blasting of rock and removal of earth near an electric line and tower. In W.P.(C) No.8778/2009 the challenge is against the stop memo issued as per Ext.P10 by the Tahsildar, Devikulam. 2. The fourth respondent in W.P.(C) No.8778/2009 wherein Exts.R4 (a) and R4(b) have been produced, which are prohibitory orders issued against the petitioner on the premise that he has violated the lease conditions. 3. Along with the reply affidavit, the petitioner has produced Ext.P14, a notice issued by the Director of Mining and Geology, proposing to permanently prohibit quarrying in the area wherein the petitioner was conducting the quarry. The petitioner submitted Ext.P15 reply also. wpc 7805/2009 & 8778/2009 2 Learned counsel for the petitioner submitted that so far no final orders have been passed on Ext.P14. It is pointed out that the quarrying operations have been stopped from 2007 onwards. It is further submitted that a joint inspection was conducted in the area and a report has already been submitted by the Revenue authorities. Learned Govt. Pleader submitted that in the light of the directions issued by a Division Bench of this Court, various enquiries are going on with regard to the conduct of quarries in various districts and the same may also have to be considered by the authorities concerned. I am not finally deciding anything on the merits of the matter in the light of the fact that the Director of Mining and Geology, the second respondent in W.P.(C) No.8778/2009 has to take an appropriate decision on Ext.P14. 4. Therefore there will be a direction to the second respondent in W.P.(C) No.8778/2009 to take an appropriate decision on Ext.P14 in accordance with law and after conducting enquiries and getting reports from various departments including the reports made as per the directions issued by the Division Bench. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/