IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 12792 of 2010(Y) --------------------------------------- PETITIONER: ------------------- M.T.SOMAN, MOOZHIKKAL HOUSE, MANJALLOOR,MUVATTUPUZHA,ERNAKULAM DIST. BY ADV. SRI.JESWIN P.VARGHESE. RESPONDENTS: ------------------------ 1. MANJALLOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,VAZHAKKULAM P.O, MUVATTUPUZHA,ERNAKULAM DIST., PIN -686 670. 2. THE DISTRICT COLLECTOR,ERNAKULAM. 3. THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA. 4. THE VILLAGE OFFICER, MANJALLOOR VILLAGE OFFICE, MUVATTUPUZHA. 5. THE SCHEDULE CAST DEVELOPMENT OFFICER, BLOCK PANCHAYATH,MUVATTUPUZHA. 6. T.K.AMMINI, W/O.PARAMESWARAN, KOTTAYIL HOUSE, MANJALLOOR, KADALIKKAD P.O, MUVATTUPUZHA- PIN 686 670. R1 BY ADV. SRI.PEEYUS A.KOTTAM, R2 TO R4 BY GOVERNMENT PLEADER SMT. N. SUDHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12792/2010-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE R.3. TAHSILDAR DTD. 25/09/2008. EXT.P.2: COPY OF THE QUARRYING PERMIT ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, ERNAKULAM DTD. 10/06/2009. EXT.P.3: COPY OF THE AGREEMENT EXECUTED BY THE R.6 DTD. 13/03/2007. EXT.P.4: COPY OF THE POCESSION CERTIFICATE ISSUED BY THE R.4. DTD. 09/01/2008. EXT.P.5: COPY OF THE LETTER ISSUED BY THE R.1. DTD. 18/03/2010. EXT.P.6: COPY OF THE COMPLAINT SUBMITTED BEFORE THE R.2. DTD. 26/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12792 of 2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010. JUDGMENT The petitioner is conducting a quarry in 2 acres of Government land comprised in Sy. No.785/1 of Manjalloor Village in Muvattupuzha Taluk, for a period of 10 years. It is pointed out that he is having all permits and licences for conducting the same. 2. The allegation raised in the writ petition is against the 6th respondent who is alleged to have approached the petitioner for employment in the petitioner's quarry. According to the petitioner, he could not engage the 6th respondent for certain reasons. Now it is alleged that she is constructing a house hardly 50 meters from the boundary of the petitioner's land. According to the petitioner, it is only to prevent the petitioner from conducting the quarrying operation. 3. Heard learned counsel for the petitioner, learned Standing Counsel for the Panchayat and learned Govt. Pleader. 4. It is submitted by the learned counsel for the Panchayat that the Panchayat has not issued any building permit to the 6th respondent. The third respondent has filed a counter affidavit wherein it is mentioned that a wpc 12792/2010 2 possession certificate was issued to the 6th respondent after verifying the records. It is also mentioned that the house was built in another place than the place described in the possession certificate. 5. In spite of service of notice, the 6th respondent has not chosen to enter appearance. Learned counsel for the Panchayat submitted that the Panchayat is prepared to verify the allegations raised in the writ petition, if a proper representation is filed by the petitioner. 6. Therefore, it is open to the petitioner to approach the Panchayat by filing an appropriate representation. If such a representation is received, the first respondent will issue notice to the petitioner as well as the 6th respondent and take an appropriate decision as enjoined by law, expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/