IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10235 of 2008(R)
1. SALIM KUMAR,S/O.SOMARAJAN,SREEVILASAM,
... Petitioner
Vs
1. THE VILLAGE OFFICER,VELIYAM VILLAGE,
... Respondent
2. THE TAHSILDAR,KOTTARAKKARA TALUK,
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/04/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 10235 OF 2008 R
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Dated this the 7th day of April, 2008
J U D G M E N T
Petitioner was granted Ext.P4 quarrying permit valid upto
26/3/2008. The complaint is that immediately thereafter, he was issued
Ext.P5 stop memo. It is challenging the stop memo, this writ petition has
been filed.
2. Now, it is submitted on behalf of the learned Government
Pleader that after Ext.P4 was granted, a neighbour by name
Sri.Jayachandran had submitted a complaint to the District Collector
complaining against the issue of Ext.P4 and alleging that damage will be
caused to his residential building. It is stated that on the instructions
received from the Collectorate, the Village Officer has issued Ext.P5. It is
also stated that enquiry will be held into the correctness of the grant with
notice to the petitioner and orders will be passed thereafter.
3. True the petitioner has been granted Ext.P4 quarrying permit.
But once complaint has been received from the residents in the
neighbourhood, the authorities are justified in issuing stop memo as
otherwise, since damage will be caused to those living in the
WPC 10235/08
:2 :
neighbourhood. Thus it is in that process, Ext.P5 has been issued. At the
same time, petitioner is also justified in complaining that no further
enquiry has been held on receipt of the complaint atleast with notice to
the petitioner.
4. In view of the pendency of the complaint as stated above, I
dispose of this writ petition directing that the District Collector, Kollam or
the Additional District Magistrate, Kollam shall issue notice to the petitioner
and the complainant, hear both of them and take a decision in this matter.
This shall be done as expeditiously as possible, at any rate within four
weeks of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment before the District
Collector for compliance.
ANTONY DOMINIC,JUDGE.
Rp