The above Crl.M.C. is preferred challenging Annexure A order passed by the Sub Divisional Magistrate, Muvattupuzha in exercise of his powers under Section 137(2) of the Code of Criminal Procedure in M.C.No.131 of 2007 as the petitioners are aggrieved in staying a proceedings initiated at their instance. Though Annexure A order is passed by the Sub Divisional Magistrate, Muvattapuzha, the said authority is not arrayed as respondent in this Crl.M.C.

2. The grievance of the petitioners is that the functioning of granite quarry in Sy.Nos.590/12, 590/6, 589/12, 590/7, 589/12, 589/8, 590/19 of Vengoor (W) Village, that too without obtaining necessary permissions from the authorities, create public nuisance and endanger to the life of the residents of Vengoor Village in Ernakulam District. It is stated in the petition that the concerned competent authorities have already found that the functioning of quarry is injurious to the interest of the public. According to the petitioners, the Sub Divisional Magistrate, Muvattupuzha has no power to stay his own proceedings under Section 133(1) of the Code of Criminal Procedure and there is no statutory recognition for such action. Thus, according to the petitioners, the order impugned is liable to be set aside and the Sub Divisional Magistrate may be directed to restore the order initially issued by the said officer.

3. I have heard learned Senior Counsel Sri. K. Ramakumar appearing for the petitioners, Smt. K.L. Lakshmi Rani, learned Public Prosecutor appearing for first respondent and also Sri. S. Vidyasagar, counsel appearing for respondents 3, 4 and 6.

4. In order to appreciate the contentions raised in this petition, the brief led to the passing of Annexure A order are absolutely necessary which are as follows:-

The petitioners 1 to 3 initially approached the R.D.O. against the operation of granite quarry in the above mentioned survey numbers. The Village Officer, Vengoor West, after a site inspection, made a report to the effect that the granite quarry is functioning in Block 10 of Sy.Nos.590/6, 7, 8 and 12 in Vengoor (W) Village which is a patta land owned by Roy, S.o. Kuriakose, Thalali (H), Chundakkzhi, Abraham, S/o. Kuriakose, Chirangara (H) Jolly Varghese, S/o. Varghese, Chirangara (H), Kuriakose, S/o Abraham. Chirangara (H) and Benny, S/o. Paulose, Valamkottu (H) and also reported that the granite quarry is functioning without any licence and the Village Officer issued a stop memo and also stated that the above mentioned petitioners are residing more than 100 metres away from the quarry. In the mean while, it is mentioned that another petition was received from one Sri. K.E. Pathrose against the functioning of quarry and that petition was also got enquired into through the Village Officer. Thereafter, the petitioners mentioned above and counter petitioners were heard on several occasions and functioning of the quarry was prohibited.

5. In the impugned order, it is stated that the petitioners had approached this Court by filing W.P.(C) No.30762 of 2006 with a prayer to issue a writ of mandamus or other appropriate writ or direction directing respondents 1 to 3 to ensure that the party respondents or their people are not blasting rocks from the properties mentioned above or from the adjoining properties without any valid permit and licence issued by the authorities. The said writ petition was disposed of with a direction to the second respondent, viz., the Revenue Divisional Officer, Muvattupuzha to get an enquiry conducted through any field officer and take appropriate action, if blasting is done without any licence. The third respondent-Panchayath was also directed to take appropriate action if there is any violation of the rules. It was also ensured in the order to hear the party respondents before passing such orders. On the basis of the above order, the R.D.O. authorized the Tahsildar, Kunnathunad to conduct an enquiry and submit a detailed report regarding the stage o