M/S New Mary Matha Crusher v. Kooroppada Grama Panchayat

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 ------------------------------------------- PETITIONER(S) :

------------------------- M/S.NEW MARY MATHA CRUSHER, KOTHALA P.O., PULICKAL KAVALA, KOTTAYAM, REPRESENTED BY ITS MANAGING PARTNER.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.RONY JOSE RESPONDENT(S) :

----------------------------

1. KOOROPPADA GRAMA PANCHAYAT, KOOROPPADA, KOTTAYAM- 686 001, REPRESENTED BY ITS SECRETARY.

2. SECRETARY, KOOROPPADA GRAMA PANCHAYAT, KOOROPPADA, KOTTAYAM- 686 001.

BY ADV. SRI.ASOK M.CHERIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE QUARRYING PERMIT DATED 04.05.2015 ISSUED TO THE PETITIONER.

EXHIBIT P1(A): TRUE COPY OF THE EXPLOSIVE LICENSE. EXHIBIT P1(B): TRUE COPY OF THE CONSENT DATED 26.09.2011 ISSUED BY THE POLLUTION CONTROL BOARD TO CONDUCT QUARRYING OPERATIONS, VALID TILL 31.06.2015.

EXHIBIT P1(C): TRUE COPY OF THE PANCHAYAT LICENSE DATED 04.06.2014 FOR OPERATING THE METAL CRUSHER UNIT VALID TILL 31.03.2015. EXHIBIT P2:

TRUE COPY OF THE INTERIM ORDER DATED 27.06.2014 IN W.P.(C).NO.16357 OF 2014.

EXHIBIT P3:

TRUE COPY OF THE APPLICATION DATED 13.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR RENEWAL OF THE PANCHAYAT LICENSE FOR THE QUARRY. EXHIBIT P3(A): TRUE COPY OF THE RECEIPT DATED 13.02.2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- EXHIBIT R2(A):

A TRUE COPY OF ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 22.07.2013 IN APPEAL NO.100/2013.

EXHIBIT R2(B):

A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT, DATED 20.06.2014 IN W.P.(C).NO.14932/2014.

EXHIBIT R2(C):

A TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN R.P.NO.508 OF 2014 IN W.P.(C).NO.14932 OF 2014, DATED 15.07.2014.

EXHIBIT R2(D):

A TRUE COPY OF THE LETTER OF 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT R2(E):

A TRUE COPY OF THE POSTAL RECEIPT DATED 21.01.2015 SHOWING THAT A LETTER WAS SENT TO THE PETITIONER, BY THE 2ND RESPONDENT.

----------------------------------------- EXHIBIT R2(F):

A TRUE COPY OF RELEVANT EXTRACT OF DESPATCH-CUMSTAMP ACCOUNT REGISTER MAINTAINED BY THE 1ST RESPONDENT GRAMA PANCHAYAT IS SHOWING THAT EXHIBIT R2(D) LETTER WAS DISPATCHED TO THE PETITIONER ON 21.01.2015.

//TRUE COPY// P.A.TO JUDGE.

Msd.

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 13948 of 2015 -------------------------------------------------- Dated this the 1st day of June, 2015

J U D G M E N T

Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that due to some bona fide inadvertence, certain incorrect averments have been made in the writ petition, which were subsequently noticed by the petitioner. It is also submitted that the quarrying operations have been stopped. The learned counsel for the petitioner also submits that he is ready to submit a fresh application; and therefore, this writ petition can be closed without prejudice.

Recording the said submission, the writ petition is closed without examining the merits and without prejudice.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-