Ashraf vs T.L.Jose And Others
2021 Latest Caselaw 17736 Ker

WP(C) NO. 25195 OF 2010                    1



                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                   THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

              FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943

                                 WP(C) NO. 25195 OF 2010

PETITIONER/S:

               ASHRAF
               THONTHI HOUSE, THALIYAMPARA DESOM, KARUVANKAD, KILLANNOOR
               VILLAGE,, THRISSUR TALUK.

               BY ADV SRI.CHANDRAN P.A.



RESPONDENT/S:

      1        T.L.JOSE, THATTEL HOUSE,
               MANAKODY P.O., THRISSUR.

      2        DISTRICT COLLECTOR THRISSUR.

      3        DISTRICT SUPERINTENDENT OF POLICE
               THRISSUR.

      4        SUB INSPECTOR OF POLICE
               VIYYOOR POLICE STATION, THRISSUR.

      5        PANCHAYAT MULANKUNNATHUKAVU
               THRISSUR DISTRICT, REPRESENTED BY ITS, SECRETARY.

      6        DY.CHIEF CONTROLLER OF EXPLOSIVES
               KOCHI.

      7        THE GEOLOGIST DISTRICT OFFICE
               DEPARTMENT OF MINING AND GEOLOGY,, THRISSUR.

               BY ADVS.
               SMT.K.RAJANI
               SRI.SHEEJO CHACKO
               SRIA.G.UNNIKRISHNAN
               SMT.LAYA SIMON, SC
               SMT.RASHMI K.M., SR.GP


       THIS    WRIT       PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25195 OF 2010                2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                     W.P.(C.) No.25195 of 2010
                    --------------------------------------
              Dated this the 27th day of August, 2021


                                 JUDGMENT

The above writ petition is filed with following prayers :

i) "To issue a writ of mandamus or any other appropriate writ or order directing respondents 2 to 7 to enforce strictly the provisions of Explosives Act and Explosive Substance Act, the Kerala Mining and Minor Minerals Act, Air (Prevention & Control of Pollution) Act, 1981 and to take criminal or other proceedings to punish the 1st respondent and his men;

ii) To issue a writ of prohibition directing respondent Nos. 3 and 4 to stop the quarrying operations and illegal blasting of explosive substances carried out by the 1st respondent and to register cases against the 1st respondent and;

iii) grant such other reliefs, as this Hon'ble Court deems just and proper in the interest of justice, including costs."

2. When this writ petition came up for consideration on

10.11.2011, this Court passed the following order :

"1st respondent complains that when the licence issued by the Panchayat, of which the 5th respondent is the President expired, they made an application for its renewal, andthat, by communication dated 18/8/11, they were informed that the application can be considered only after the writ petition is disposed of.

2. In this writ petition, this Court has not passed any order either in favour of the petitioner or against the 1st respondent. Therefore, if in law 1st respondent is entitled to have the licence renewed, the pendency of the writ petition cannot stand in the way of the Panchayat from passing orders on the application for renewal.

Therefore, it is clarified that the pendency of the writ petition will not stand in the way of the Panchayat in

considering the application made by the 1st respondent for renewal of licence and orders on the application shall be passed by the Panchayat."

3. Now, about 10 years elapsed after the above order.

Today, the matter came up for final hearing. In the light of

the above order passed by this Court, the petitioner is free to

approach the authority concerned, if there is any surviving

grievance against any licence, if any issued or other orders, if

any passed in favour of the 1st respondent.

With the above observation, this writ petition is closed.

SD/-

                                                P.V.KUNHIKRISHNAN
                                                      JUDGE
SKS



                                          APPENDIX

PETITIONER'S EXHIBITS                 :

EXT.P1    TRUE COPY OF THE QUARRYING                         PERMIT ISSUED      BY 7TH
RESPONDENT TO THE 1ST RESPONDENT.

EXT.P2    TRUE            COPY   OF       THE        EXPLOSIVE   LICENCE     ISSUED   TO
SRI.T.L.THOMAS

EXT.P3    TRUE COPY OF THE COMPLAINT DATED 126.7.2010 GIVEN TO
THE S.I.OF POLICE, VIYYOOR

ET.P3A    TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING RECEIPT
OF EXT.P3 BY 4TH RESPONDENT

EXT.P4    TRUE COPY OF THE REPRESENTATION WAS SUBMITTED BEFORE

THE 2ND RESPONDENT DISTRICT COLLECTOR, THRISSUR

EXT.P4A TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING RECEIPT OF EXT.P4 BY 2ND RESPONDENT.

EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT

EXT.P5A TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING RECEIPT OF EXT.P5 BY 3RD RESPONDENT.

RESPONDENT'S EXHIBITS :

EXT.R5A TRUE COPY OF THE COMPLAINT FILED BY ONE HAYARU BEFORE THE SECRETARY, MULAMKUNNATHUKAVU GRAMA PANCHAYAT DATED 28.4.2010.

EXT.R5B TRUE COPY OF THE STOP MEMO ISSUED BY THE RESPONDENT PANCHAYAT

EXT.R5C TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE RESPONDENT PANCHAYAT.

EXT.R5D TRUE COPY OF THE REPRESENTATION DATED 8.12.2010 FILED BY 5TH RESPONDENT

EXT.R5E TRUE COPY OF THE REPRESENTATION DATED 22.12.2010.

EXT.R5F TRUE COPY OF THE APPLICATION 31.12.2009 FILED BY THE MANAGING PARTNER, SAKTHI GRANITES TO THE SECRETARY, MULAMKUNNATHUKAVU GRAMA PANCHAYATH.