IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 566 of 2009(P) ------------------------ PETITIONER(S): --------------- MOSA.P., S/O.PATHROS, 391, THEKKUVILA HOUSE, PANTHAPLAVU P.O. PATTAZHI, KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOLLAM. 3. THE SECRETARY, PATTAZHY GRAMA PANCHAYAT, P.O.PATTAZHY, KOLLAM DISTRICT, PIN 691 522. 4. R.KRISHNAMOORTHY, ANJU NIVAS, MANAKKARA P.O., SASTHAMKOTA, KOLLAM DISTRICT. SR.G.P.SRI.R.LAKSHMI NARAYAN FOR R1 & R2 ADV. DR.K.P.SATHEESAN FOR R4 SRI.K.K.GOPINATHAN NAIR FOR R4 SRI.M.R.JAYAPRASAD FOR R4 SRI.P.MOHANDAS (ERNAKULAM) FOR R4 SRI.P.B.SURESH KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.566/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE IDETITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER. EXT.P2: TRUE COPY OF BASIC TAX RECEIPT DATED 10.4.2008 ISSUED BY VILLAGE OFFICER, PATTAZHY TO THE PETITIONER. EXT.P3: TRUE COPY OF COMPLAINT DATED 17.10.2008 SUBMITTED BY THE PETITIONER AND OTHERS TO THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF JUDGMENT IN W.P.(C)NO.36015/2008 DATED 18.12.2008 OF THIS HONOURABLE COURT. EXT.P5: TRUE COPY OF SURVEY SKETCH OF THE TALUK SURVEYOR, PATHANAPURAM. EXT.P6: TRUE COPY OF LICENSE NO.A3.8./08/08 DATED 16.12.2008 TO THE 4TH RESPONDENT BY THE 1ST RESPONDENT. // TRUE COPY // TKS P.R.RAMAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C)No.566 of 2009 ------------------------------------- Dated 19th March, 2009 JUDGMENT Raman, J . This writ petition is filed to quash Ext.P6. Ext.P6 is a licence issued by the Panchayat for quarrying operations in Survey No.173/4 of Pattazhy Village, Pathanapuram Taluk. According to the petitioner, apart from Ext.P6 licence, fourth respondent ought to have obtained necessary permission to establish work place under section 233 of the Kerala Panchayat Raj Act. The fourth respondent has got a case that nobody is conducting quarrying operations without obtaining the said permission by the grama panchayat. It is open to the panchayat concerned. In such circumstances, Panchayat should look into the matter and pass orders. The writ petition is disposed of as above. P.R.RAMAN JUDGE P.S.GOPINATHAN JUDGE TKS