VAZHATHARA GRANITES AND AGGREGATES PVT LTD Vs. PRESIDENT KOOTICKAL GRAMA PANCHAYAT OFFICE OF THE KOOTTICKAL GRAMA PANCHAYAT KOOTTICAL MUNDAKAYAM KOTTAYAM

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned counsel for the 1st respondent, learned Government Pleader for the 2nd respondent and learned counsel for the 3rd respondent.

(2.) PETITIONER is a company engaged in quarrying and crushing of granites at Kodunga which is situated within the jurisdiction of the Koottickal Grama Panchayat. PETITIONER says that Exts.P1 to P6 are the licences and consent obtained by it in respect of its quarrying and crushing activities. 1st respondent issued Ext.P7 communication to the 2nd respondent stating that it has been decided to close down the petitioner's unit and authorised the 2nd respondent to enforce the same. It was thereupon this writ petition was filed challenging Ext.P7.

(3.) COUNSEL for the 1st respondent reiterated the contents of Ext.P8, the resolution of the Panchayat referred to above and also relied on Ext.P7 communication issued to the 2nd respondent. In so far as additional 3rd respondent is concerned, counsel contended that the 3rd respondent lives in close proximity to the quarry of the petitioner and that on account of the quarrying carried on, damage was caused to his residential house and properties. It is stated that on account of the danger to which he is exposed, the 3rd respondent had complained to the 1st respondent and it was on that basis that Ext.P7 communication was issued and Ext.P8 resolution was passed. 3rd respondent further points out that on the basis of a complaint made by him, the 2nd respondent has registered crime No.155/12 against the petitioner. Annexure 1 is the FI statement and Annexure 2 is the FIR and mahazar.