IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 3493 of 2008(N) ------------------------- PETITIONER: ------------ SURESHKUMAR, S/O.ICHAMAN, AGED 32 YEARS, PALEPRA HOUSE, P.O.CHATHALLOOR, MALAPPURAM DISTRICT, PIN-676 541. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------- 1. M/S.MUBARAK GRANITES, REPRESENTED BY ITS MANAGING PARTNER SHRI.MUHAMMEDALI, S/O.A.M.KUNHIMUHAMED, ATHIMMANIL HOUSE, OTHAI, PO EDAVANNA, PADINHARE CHATHALLOOR, MALAPPURAM DISTRICT, PIN-676 541. 2. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676 505. 3. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, THIRUVANANTHAPURAM, PIN-695 004. 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 19/269A, PERINTHALMANNA ROAD, UP HILL P.O., MALAPPURAM, PIN-676 505. 5. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM, PIN-676 505. 6. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, PIN-679 322. 7. THE SECRETARY, EDAVANNA GRAMA PANCHAYATH, PO EDAVANNA, PIN-676 541. 8. THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA, PIN-679 322. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. SRI.K.M.SATHYANATHA MENON SRI.M.K.CHANDRAMOHANDAS, SC FOR PCB GOVT. PLEADER SRI.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 3493 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 JUDGMENT The grievance of the petitioner is that in open violation of the statutory permits and licences, the first respondent is going ahead with the conduct of a quarry and the prayer is that respondents 2 to 8 shall take immediate action for closing down the quarry of the first respondent. I have heard the submissions of Sri.P.Chandrasekhar, learned counsel for the petitioner, Sri.M.K.Chandramohandas, learned standing counsel for the Pollution Control Board, Sri.P.K.Vijayamohan, learned counsel for the first respondent and Sri.K.M.Sathyanatha Menon, counsel for the Panchayat and Sri.P.K.Babu, learned senior Government Pleader for the Geologist and all other statutory respondents. Having regard to the submissions addressed at the Boar, I am of the view that this court will not justified in straight away directing closure of the first respondent's quarry. At the same time, since serious allegations are raised that the conditions of quarrying permit and the WPC.No.3493/08 2 conditions of the consent respectively issued by the Geologist and the Pollution Control Board are being violated, it is only appropriate that the Pollution Control Board and the Geologist looks into the complaints. Ext.P12 complaint has already been submitted by the petitioner before the 4th respondent. 4th respondent is directed to conduct an immediate inspection on the basis of that complaint with notice to the petitioner and the first respondent and pass appropriate orders on the basis of the facts revealed from the inspection as to whether the consent issued should be withdrawn. If any complaint submitted by the petitioner is pending before the second respondent or fifth respondent, those respondents will look into those complaints, conduct inspection with notice to the petitioner and first respondent and take appropriate action on the basis of the facts gathered. Needful will be done by the concerned respondent at the earliest and at any rate within two months of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.3493/08 2