High Court Kerala High Court

K.P.Abdulla vs Omasserry Grama Panchayath on 16 June, 2009

Kerala High Court
K.P.Abdulla vs Omasserry Grama Panchayath on 16 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32990 of 2008(B)


1. K.P.ABDULLA, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. OMASSERRY GRAMA PANCHAYATH,
                       ...       Respondent

2. GEOLOGIST, MINING AND GEOLOGY

3. ABUBACKER HAJI, PEEDIKAKANDY,

                For Petitioner  :SRI.JACOB ABRAHAM

                For Respondent  :SRI.V.N.RAMESAN NAMBISAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/06/2009

 O R D E R
                                S. SIRI JAGAN, J.
                    -------------------------------------------------
                         W.P.(C)No. 32990 OF 2008
                    -------------------------------------------------
                    Dated this the 16th day of June, 2009


                                    JUDGMENT

The petitioner’s complaint in this writ petition is that the 3rd

respondent is conducting quarrying operations in his property by

blasting granite without licence from the appropriate authorities,

which according to the petitioner is admitted in Ext.P1, which is a

communication issued by the 1st respondent Panchayat to the

petitioner. The petitioner therefore seeks the following reliefs:

“i. issue a writ in the nature of mandamus or other

appropriate writ, order or direction directing the first respondent to

ensure that without necessary licences from the first and second

respondent no quarrying operation is carried out in the property

situating in R.S. No.32/1 of Puthur amsom and Vennakode desom

of the Kozhikode taluk and also to ensure that no damage or

danger is caused to the houses situating nearby or to their

residents.

ii. to direct the 1st respondent that no quarrying operation is

carried out in the property situating in R.S. No.32/1 of Puthur

amsom and Vennakode desom of the Kozhikode without

appropriate licence from it.

iii. direct the second respondent to initiate action on

Exhibit.P3 letter issued by the first respondent.”

2. The counsel for the Panchayat would submit that although in

WPC :32990/08
-:2:-

Ext.P1 it is admitted that the 3rd respondent has not obtained any

licence from the Panchayat, it is not admitted therein that the 3rd

respondent is conducting any quarrying operations.

2. A counter affidavit has been filed by the 2nd respondent

Geologist, wherein he would submit that the 3rd respondent operates

the quarry with valid quarrying permit issued by the 2nd respondent.

3. Counsel for the petitioner points out that even assuming that

the petitioner has obtained a quarrying permit, admittedly, as

revealed by Ext.P1, the Panchayat has not issued any permit for

quarrying to anybody within the Panchayat area. Since under the

Kerala Panchayat Raj Act, a licence from the Panchayat is

mandatory for operating a quarry, without such licence, the 3rd

respondent cannot engage any quarrying.

4. I have considered the rival contentions in detail. At the time

of admission this Court had passed the following interim order on

10.04.08:

“Notice on admission by speed post to the respondents. In the

meanwhile, 1st respondent shall ensure that the 3rd respondent carries on any

quarry in the property comprised in Sy. No.32/1 of of Puthur amsom and

Vennakode desom in Kozhikode Taluk only if he has obtained requisite

permission and licence in that behalf under the Explosives Act and Rules and

WPC :32990/08
-:3:-

the Minor Mineral Concession Rules. Copy of this order shall be produced

before the 1st respondent along with the writ petition.”

5. The 3rd respondent has not chosen to file any counter

affidavit in the matter and when the matter was taken up today, there

is no appearance for the 3rd respondent also. That being so, the

allegation that the 3rd respondent does not have a licence from the

Panchayat, stands uncontroverted. Under law, without such a

licence from the Panchayat, the 3rd respondent cannot operate the

quarry. In the above circumstances, the writ petition is disposed of

with a direction to respondents 1 and 2 to see that the 3rd respondent

does not do any quarrying work in the property in question without

appropriate licence/permit/consent etc. from all authorities concerned

including licence from the Panchayat.

S. SIRI JAGAN, JUDGE
ttb