Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE28H DAY OF OCTOBER20136TH KARTHIKA, 1935 WP(C).No. 29225 of 2009 (W) --------------------------------------- PETITIONER(S): ----------------------- K.RAMANKUTTY, KUNNUMMAL HOUSE, MUKKAM P.O., CHERUPRA, KOZHIKODE. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE.
2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE.
3. THE VILLAGE OFFICER, THIRUVAMBADY, KOZHIKKODE.
4. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KOZHIKODE.
5. THIRUVAMBADY GRAMA PANCHAYAT, THIRUVAMBADY P.O., KOZHIKODE-673 603, REPRESENTED BY ITS SECRETARY.
6. SIVARAJAN,S/O.UNNIKKELU, ODAMANNIL HOUSE, P.O.MUKKOM, KOZHIKODE.
7. SIVADASAN,S/O.KRISHNAN, EZHUTHACHANKANDI, NEDUNGOTTUR, CIVIL STATION, KOZHIKODE. R1-4 BY ADV. GOVERNMENT PLEADER SMT.SANJEETHA R6 BY ADV. SRI.SUNNY MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2810-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 29225 of 2009 (W) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS P1: COPY OF THE CERTIFICATE ISSUED BY THE5H RESPONDENT PANCHAYAT DATED262/2003 P2: COPY OF THE REPORT OF THE3D RESPONDENT. P3: COPY OF THE ORDER
IN A588503 OF THE SUB DIVISIONAL MAGISTRATE , KOZHIKODE DATED2612/2008 P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED64/2009 P5: COPY OF THE REPLY GIVEN BY THE PANCHAYAT DATED234/2009 P6: COPY OF THE DISCHARGE SUMMARY ISSUED TO THE PETITIONER'S WIFE FROM THE MALABAR INSTITUTE OF MEDICAL SCIENCES, KOZHIKODE DATED71/2005. RESPONDENTS' EXHIBITS NIL. / TRUE COPY / P.S. TO JUDGE PJ P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No. 29225 OF2009......................................................................... Dated this the 28th October, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers: "i) to issue a writ of mandamus directing the respondents 1 to 4 to take immediate steps to stop the illegal quarrying conducted in Re.Sy.No.19 & 23 of Cherupra Desom at Thiruvambady Village operated by the 6th and 7th respondents forthwith; ii) to direct respondents to ensure that the quarry is not conducted except in accordance with the provisions of the Panchayat Raj Act and the Minor Mineral Concession Rules, and iii) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case." 2. When the matter came up for consideration on 16.10.2009, the following interim order was passed: "Admit. Issue notice to the respondents by Speed Post returnable in 10 days. There will be an interim order directing the District Collector , Kozhikode, to ensure that W.P.(C)No. 29225 OF20092 respondents 6 and 7 do not carry on quarrying operation without a valid quarrying permit issued by the Geologist of Kozhikode district and a licence issued by the Thiruvambady Grama Panchayat under the Kerala Panchayat Raj (Issue of licence to dangerous and offensive trades and Factories) Rules 1996." 3. The 6th respondent has filed a counter affidavit seeking to rebut the averments and allegations. What has been ordered by this Court, is quite categoric and the direction given to the District Collector was to ensure that the 6th and 7th respondents are not carrying out any quarrying operation without any quarrying licence issued by the concerned Geologist and necessary licence issued by the concerned Local Authority, in accordance with the relevant provisions of law. The interim order dated 16.10.2009 is made absolute and the writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk