Kerala High Court
John Jacobn vs Meenachil Grama Panchayath on 31 August, 2022
WP(C) NO. 31444 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 31444 OF 2013
PETITIONER/S:
JOHN JACOBN
S/O.YACOB,PARTNER,MARIYA GRANITES,MALLIKASSERI
(PO),CHANTHANKULAM,PAIKA,KOTTAYAM DISTRICT
BY ADV SRI.JOBI JOSE KONDODY
RESPONDENT/S:
1 MEENACHIL GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,EDAMATTOM (PO0,KOTTAYAM
DISTRICT 686 588
2 THE SECRETARY
MEENACHIL GRAMA PANCHAYATH,EDAMATTOM (PO0 KOTTAYAM
DISTRICT 686 588
ADDL.R3 JOSEPH K.M, S/O MATHEW KUDAKACHIRA, MALLIKASSERY
MEENACHIL TALUK, KOTTAYAM DIST.
ADDL.R4 CHACKOCHAN K.K., S/O KURIEN VARKEY, PAYYANIYIL HOUSE,
MALLIKASSERY, MEENACHIL TALUK, KOTTAYAM DISTRICT.
ADDL.R5 M.A.JOSEPH, S/O DAVI AVIRA MUNDATTU HOUSE,
MALLIKASSERY, MEENACHIL TALUK, KOTTAYAM DISTRICT.
WP(C) NO. 31444 OF 2013 2
ADDL.R6 ANIL KUMAR, S/O NARAYANAN NAIR, MEKKOKKATTU HOUSE,
MALLIKASSERY, MEENACHIL TALUK, KOTTAYAM DISTRICT
(ADDL.R3 TO R6 IMPLEADED AS PER ORDER DATED 24.7.2014
IN IA 9673/14)
BY ADVS.
SRI.P.C.HARIDAS
SRI.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31444 OF 2013 3
P.V.KUNHIKRISHNAN, J
-----------------------------------------
W.P.(C.) No. 31444 of 2013
--------------------------------------
Dated this the 31st day of August, 2022
JUDGMENT
When this writ petition came up for consideration, the
counsel for the petitioner submitted that the prayers in the writ
petition are infructuous and the license is renewed upto 2024. If
there is any surviving grievance to the contesting respondent,
they are free to approach the competent authority.
With the above observation, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 31444/2013
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PARTNERSHIP
DEED EXECUTED ON 30-08-2013 BETWEEN THE
PARTNERS OF THE FIRM
EXHIBIT P2 A TRUE COPY OF THE LEASE DEED
EXECUTED BETWEEN THE STATE OF KEERALA AND
THE MANAGING PARTNER OF THE FIRM DATED 13-
02-2012 VALID UPTO 12-02-2024
EXHIBIT P3 A TRUE COPY OF FORM LE-3 LICENSE
ISSUED UNDER THE EXPLOSIVE RULES,2008 BY
THE JOINT CHIEF CONTROLLER OF
EXPLOSIVES,SOUTH CIRCLE,CHENNAI DATED 08-
01-2003 VALID AD RENEWED UP TO 31-03-2017
EXHIBIT P4 A TRUE COPY OF THE CONSENT TO
OPERATE THE QUARRY OF THE PARTNERSHIP FIRM
ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOPARD TO THE MANAGING PARTNER OF
THE FIRM DATED 22-08-2012 VALID UP TO 30-
06-2015
EXHIBIT P5 A TRUE COPY OF THE D & O LICENSE
ISSUED BY THE SECOND RESPONDENT TO THE
MANAGING PARTNER OF THE FIRM DATED 05-04-
2013 VALID UPTO 10-12-2013
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED
03-05-2013 ISSUED BY THE SECOND RESPONDENT
TO THE MANAGING PARTNER OF THE FIRM
EXHIBIT P7 A TRUE COPY OF THE INTERIM ORDER
DATED 23-07-2013 PASSED BY THIS HONOURABLE
COURT IN WPC NO 17108 OF 2013
EXHIBIT P8 A TRUE COPY OF THE APPLICATION
FOR LICENSE FOR RENEWING EXHIBIT P5
SUBMITTED BY THE MANAGING PARTNER BEFOPRE
THE SECOND RESPONDENT DATED 08-11-2013
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED
09-12-2013 ISUED BY THE SECOND RESPONDENT
TO THE MANAGING PARTNER OF THE PARTNERSHIP
FIRM
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED
05-08-2013 IN O.A NO 171 OF 2013 PASSED BY
THE NATIONAL GREEN TRIBUNAL PRINCIPAL
BENCH,NEW DELHI
EXHIBIT P11 A TRUE COPY OF THE ORDER DATED
23-09-2013 ISSUED BY THE GEOLOGIST,KOTTAYAM
EXHIBIT P12 A TRUE COPY OF THE NEWS ITEM
REPORTED IN THE TIMES OF INDIA DAILY DATED
01-11-2013
RESPONDENT'S EXHIBITS
EXHIBIT R2A TRUE COPY OF LETTER DATED 8.8.2012 OF THE
DIRECTOR OF THE DEPARTMENT OF ENVIRONMENT
AND CLIMATE CHANGE.
EXHIBIT R2B TRUE COPY OF THE ORDER DATED 29.8.2013 OF
THE NATIONAL GREEN TRIBUNAL
EXHIBIT R2C TRUE COPY OF THE LETTER DATED 27.11.2013 OF
THE DIRECTOR OF DEPARTMENT OF ENVIRONMENT
AND CLIMATE CHANGE.
ANNEXURE R3(A) TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN WPC NO. 116613/2014 DATED
26.5.2014
