T.V. Damodharan vs The Village Officer on 17 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36981 of 2008(C)


1. T.V. DAMODHARAN, S/O. VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. THE VILLAGE OFFICER, VALLACHIRA
                       ...       Respondent

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/02/2009

 O R D E R
                        ANTONY DOMINIC, J.
                  -------------------------
                     W.P.(C.) No.36981 of 2008
             ---------------------------------
            Dated, this the 17th day of February, 2009

                            J U D G M E N T

Ext.P4 prohibitory order issued by the respondent is under

challenge in this writ petition.

2. The petitioner is running a granite building stone quarry.

According to the petitioner, Exts.P1 to P3 are the permits issued by

the Geologist authorizing him to carry on the quarrying. It is stated

that despite the valid permits he has, the respondent, who has no

jurisdiction in the matter, issued Ext.P4 prohibitory order dated

06/11/2008 prohibiting the petitioner from quarrying operation on

the strength of Exts.P1 to P3.

3. On behalf of the respondent, it is pointed out that, it was

on account of the complaints received from the neighbouring

residents regarding the damages caused to their properties, that the

Village Officer had issued Ext.P4.

4. The petitioner has along with I.A.No.452/2009 produced

two affidavits sworn to by one Mr.K.A.Simon and one

Mr.A.K.Surendran stating that, they are withdrawing the complaints

WP(C) No.36981/2008
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made by each of them to the Village Officer. The learned counsel

for the petitioner submits that apart from the aforesaid persons,

none else had any complaint about the functioning of the quarry.

5. If as stated, complainants themselves have withdrawn

their complaints, there is no reason for the Village Officer not to

reconsider Ext.P4. Therefore, I direct the petitioner to produce the

aforesaid complainants before the Village Officer and the Village

Officer will examine the matter and if satisfied that all the

complaints have been withdrawn, fresh orders shall be passed

reconsidering Ext.P4.

6. The petitioner shall produce a copy of this judgment

before the Village Officer for compliance. Thereupon, on

appearance of the aforesaid persons before the Village Officer, the

Village Officer shall pass orders in the matter within two weeks

thereafter.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg