IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 6199 of 2006(K) -------------------------------------- PETITIONER(S): ------------------------ S. SASEENDRAN PILLAI, SREE RAMA VILASAM, KEMANAKONAM, KALLUVATHUKKAL P.O KOLLAM. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, TRIVANDRUM. 2. THE DIRECTOR (MINING AND GEOLOGY), DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, TRIVANDRUM. 3. THE SENIOR GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, KESAVADASAPURAM, TRIVANDRUM. 4. THE TAHSILDAR, CHIRAYINKEEZH, TRIVANDRUM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, POLICE STATION, PALLIKKAL, TRIVANDRUM. 6. V. UNNIKRISHNAN, MOHANA VILASAM, VELAMANOOR P.O., PALLIKKAL, TRIVANDRUM DISTRICT. 7. S. UNNIKRISHNAN PILLAI, SIVASANKAR VILASAM, VELAMANOOR P.O., PALLIKKAL, TRIVANDRUM DISTRICT. 8. GOPALAKRISHNA KURUP, RAMAKRISHNA VIHAR, KALLUVATHUKKAL, KOLLAM. W.P.(C) NO.6199/2006 * 9. VIKRAMAN PILLAI, SILPA NIVAS, KALATHI PACHA, VELEMANOOR, PALLIKKAL, THIRUVANANTHAPURAM. (deleted) R9. VIKRAMAN PILLAI, SILPA NIAS, KALATHU PACHA, VELAMANOOR, PALLIKKAL, THIRUANANTHAPURAM. R9 DELETED FROM PARTY ARRAY AS PER ORDER DT. 10.10.06 IN IA. 13550/06. 10. RAVEENDRAN PILLAI, VRINDAVAN HOUSE, KALATHI PACHA, PALLIKKAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6199/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE STATEMENT DT. 17.11.04 FILED ON BEHALF OF THE DISTRICT COLLECTOR, KOLLAM IN WPC. NO.31963/04. P2:- COPY OF THE JUDGMENT DT. 25.11.04 PASSED IN WPC. NO.31963/04 PASSED BY THIS HONOURABLE COURT. P3:- COPY OF THE ORDER DT. 16.12.04 PASSED BY THE DISTRICT COLLECTOR, KOLLAM. P4:- COPY OF THE NOC DT. 20.3.03 ISSUED TO THE 6TH RESPONDENT BY THE SIT RESPONDENT. P5:- COPY OF THE NOC DT. 14.10.04 ISSUED TO THE 7TH RESPONDENT BY THE SIT RESPONDENT. P6:- COPY OF THE ORDER DT. 7.1.05 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE NOTICE DT. 5.2.05 ISSUED BY THE IST RESPONDENT. P8:- COPY OF THE PETITION DT. 16.2.05 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. P9:- COPY OF THE LICENCE DT. 25.10.04 ISSUED TO THE PETITIONER BY THE DEPARTMENT OF EXPLOSIVE. P10:- COPY OF THE FORM 22 DT. 19.8.04 ISSUED TO THE PETITIONER. P11:- COPY OF THE CERTIFICATE DT. 7.8.92 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, MADRAS. P12:- COPY OF THE QUARRYING PERMIT DT. 20.10.04ISSUED TO THE PETITIONER BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT. P13:- COPY OF THE ORDER DT. 18.1.05 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY. P14:- COPY OF THE QUARRYING LEASE DT. 14.2.05 ISSUED TO THE PETITIONER BY THE DEPARTMENT OF MINING AND GEOLOGY.. P15:- COPY OF THE COMMUNICATION DT. 11.3.05ISSUED TO THE PETITIONER BY THE PALLIKKAL, GRAMA PANCHAYAT. P16:- COPY OF THE ORDER DT. 29.3.05 PASSED BY THE IST RESPONDENT. P17:- COPY OF THE REPROT DT. 23.12.04 OF THE 3RD RESPONDENT. W.P.(C) NO.6199/2006 P18:- COPY OF THE REPORT DT. 9.3.05 SUBMITTED BY SENIOR GEOLOGIST TO THE SIT RESPONDENT. P19:- COPY OF THE JUDGMENT DT. 30.6.05 IN WPC. NO.12580/05 OF THIS HONOURABLE COURT . P20:- COPY OF THE JUDGMENT DT. 13.10.05 IN WRIT APPEAL NO. 1853/05 OF THIS HONOURABLE COURT. P21:- COPY OF THE ORDER DT. 18.1.05 ISSUED BY THE SIT RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.6199 of 2006 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Ext.P21 order passed by the District Collector, Trivandrum, whereby the District Collector confirmed his earlier order regarding the stop memo issued in the matter of use of jack hammer for blasting rocks, is under challenge. It is stated in Ext.P21 that “Due to the uncontrolled quarrying operations some of the area became ponds and the free flow of drinking water is restricted, which may entail water scarcity in the near future. The Mining and Geology Department will look into this, in consultation with the Departments concerned and submit necessary proposals for a solution for overcoming this hazardous situation.” 2. There will be a direction to the third respondent to file a report before the District Collector as observed in the impugned order extracted above, within a period of three months from the date of production of a copy of the judgment and thereafter, the District Collector will review the order and pass fresh orders in the light of the report submitted by the third respondent. It is made clear that in the process, the petitioner as WP NO.6199/06 2 well as the party respondents will also be afforded an opportunity for hearing. Orders as above will be passed within another two months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.6199 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.