IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3384 of 2009(C)
1. SURESH.T.V, S/O. THALASSERY VEETTIL
... Petitioner
Vs
1. SUB DIVISIONAL MAGISTRATE
... Respondent
2. M.RAJAKUMARAN, PRESIDENT
3. VILLAGE OFFICER
For Petitioner :SRI.K.A.JALEEL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/02/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.3384 OF 2009
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Dated this the 2nd day of February, 2009.
JUDGMENT
Petitioner claims to be a brick manufacturer, using
the clay brought from outside. According to the petitioner,
Ext.P4 order has been issued by the first respondent
exercising his powers under Section 133 of the Cr.P.C,
prohibiting excavation of clay. It is stated that, on the
strength of Ext.P4, although the petitioner is not excavating
any clay as mentioned in the said order, the brick
manufacturing activities are ordered to be stopped.
2. It is stated that since his activities are not covered
by Ext.P4, irrespective of the said order, he is entitled to
carry on his brick manufacturing activities utilizing the clay
brought from outside. On this basis it is contended that the
action of respondents 1 and 2 in ordering closure of his
establishment is illegal.
3. However, from Ext.P4 order it is seen that it is only
a preliminary order and it is open to the petitioner to
WP(c).No.3384/09 2
appear before the first respondent and satisfy him that he is
not engaged in excavation of clay and therefore he is outside
the purview of Ext.P4.
4. If the petitioner is able to satisfy the first respondent
as above, I have no reason to think that the first respondent
will not issue orders permitting the petitioners to resume his
activities.
Therefore, I direct the petitioner to approach the first
respondent producing the documents substantiating his
contention that he is not engaged in excavation of clay and
manufacturing the bricks utilizing the clay brought from
outside. If the petitioner produces such materials, the first
respondent shall immediately examine his claim and take a
decision in this matter adverting to the materials produced by
him.
Writ petition is disposed of as above.
Petitioner shall produce a copy of the judgment before
the first respondent for compliance.
vi
(ANTONY DOMINIC)
JUDGE
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