V.Y.JOSEPH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner's grievance is one regarding the indiscriminate quarrying undertaken by the sixth respondent very near to the residential house of the petitioner. It is alleged that the indiscriminate blasting has caused damage to the petitioner's dwelling house. One of the allegations raised in para 2 of the writ petition is that the sixth respondent has not obtained necessary licence from respondents 2 and 3. Ext.P2 is the copy of the complaint submitted by the petitioner before the first respondent.

(2.) THE sixth respondent has filed a counter affidavit producing Exts.R6(a) to R6(d). Ext.R6(a) is the copy of the quarrying permit with respect to the property in Sy. No.736/P of Madakkathara Village and the extent shown is 0.1497 hectares, Ext.R6(b) is the consent to operate issued by the Pollution Control Board which is valid upto 31.12.2014. Ext.R6(c) is the true copy of Form LE-3 licence dated 16.4.2012 which is valid upto 31.3.2014. The Panchayat issued a licence for running the quarry which is valid upto 3.7.2013, a copy of which is produced as Ext.R6 (d). Therefore, learned counsel for the sixth respondent submits that the allegation that the sixth respondent is not having permit and other licences, is not correct.

(3.) LEARNED counsel for the sixth respondent submitted that the sixth respondent will confine the quarrying activity strictly to the area covered by Ext.R6(a) permit. The said submission is recorded.