IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17040 of 2010(D)
1. T.J.CHERIYAN, S/O.P.C.JOSHUA,
... Petitioner
Vs
1. THE SECRETARY, MUPPAINAD GRAMA PANCHAYAT
... Respondent
2. THE GEOLOGIST, THE DISTRICT OFFICE
For Petitioner :SRI.BABU KARUKAPADATH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/06/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P.(C)No.17040 of 2010
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DATED THIS THE 2nd DAY OF JUNE, 2010
JUDGMENT
The petitioner herein is the owner of a coffee plantation
having an extent of 1.44 hectares lying in re-survey No.17/2 of
block No.33 of Muppainad Village, Vythiri Taluk. The petitioner,
for the purpose of agricultural operation, started digging of a
pond. Since some part of it contained a rock formation, he had
to remove the rocks also, for the proper digging of the pond.
Exhibit P2 is the copy of the permit issued by the Geologist. It
appears that the Secretary of the Panchayat issued a stop memo
as per Exhibit P6 in the matter. The petitioner submitted Exhibit
P7 reply stating that there is no quarrying operation there and he
has only entrusted the construction of a pond. It is pointed out
that so far the stop memo has not been withdrawn or final order
has not been passed by the Secretary of the Panchayat. It is
pointed out that unless the work is completed, it will cause much
hardship to the petitioner, since the monsoon is expected at any
point of time.
W.P.(C)No.17040/10 -2-
2. In the light of the above, there will be a direction to
the 1st respondent to take a decision on Exhibit P8 representation
along with similar representations filed earlier within a period of
two weeks from the date of receipt of a copy of this judgment.
The petitioner will produce a copy of the Writ Petition along with
a copy of the judgment for compliance.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn