K BABURAJ S/O KARUNAKARAN Vs. BALAKESAVAN VICE PRESIDENT KAMKOL ALAPADAMBA GRAMA PANCHAYATH, KAMKOL ALAPADAMBA GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner claims to have been contracted by the 5th respondent, which is a firm of engineering contractors, to provide ordinary earth for the purpose of certain constructions, that is engaged in by it. The petitioner says that the works which is engaged in by the 5th respondent relates to the construction of the Kariamkulam Railway Over Bridge and the approach road between the Cheruvathur and Neeleswaram Stations under the Southern Railway.

(2.) According to the petitioner, he started excavating ordinary earth on the strength of Ext.P6 quarrying permit issued by the Geologist, Kannur, as per which he has been permitted to mine from an extent of 2500 M3 . The petitioner says that the permit was valid till 27.5.2018 and he has filed this writ petition on 14.2018, alleging that respondents 1 to 4, who are stated to be persons residing in the neighbourhood of the area shown in Ext.P6 permit, has caused obstruction to the excavation work carried on by him on the ground that it causes severe pollution.

(3.) Even though we hear the submission of Sri.K.Praveen Kumar, learned counsel appearing for the petitioner as afore, it immediately comes our attention that Ext.P6 is valid only till 27.5.2018, which is to say that it is no longer valid. In fact, this was noticed by another Division Bench of this Court when it considered this matter on 25.5.2018, and a direction was given to the geologist to conduct an inspection of the premises, before the quarrying permit, viz; Ext.P6, is extended as per the request of the petitioner made before him, a copy of which has been placed on record as Ext.P9.