IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5378 of 2007(M)
1. THOMAS KUNNEL
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER
... Respondent
For Petitioner :SRI.A.SUDHI VASUDEVAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/04/2009
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 5378 OF 2007
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Dated this the 8th April, 2009
J U D G M E N T
The petitioners have approached this Court challenging Ext.
P3 Stop Memo issued by the second respondent-Village Officer,
restraining the petitioners from carrying out the quarrying
operation in the property being pursued on the basis of the
requisite licence/permit issued by the concerned authorities, as
borne by Exts. P1 and P2. The petitioners submit that the
activities being pursued by them are strictly in conformity with
the terms of the licence/permit and that the apprehension
expressed by the respondents No. 3 to 6 is quite wrong and
misconceived.
2. When the matter had come up for consideration before
this Court earlier, an interim order was passed on 19.02.2007
directing the Additional 7th respondent, viz., the Geologist to
conduct a site inspection and to file a report, which in turn has
been complied with by the said respondent. The report dated
W.P.(C) No. 5378 OF 2007
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22.02.2007 shows that the work had to be stopped by the
parties for want of skilled labourers at different points of time
and that the quarrying permit was renewed only for a short
period which expired on 13.03.2007. It is also pointed out that
issuance of permit was quite valid and proper; that the inspection
revealed no irregularities in any manner and that no dwelling
house was noted within the radius of 50 metres from the
quarrying site . Based on the said report, Ext. P3 Stop Memo
issued by the second respondent was intercepted by this Court
staying the same as per the modified interim order dated
01.03.2007, directing the respondents No.1 and 2 and the
additional 7th respondent to ensure that the contents of the said
interim order and the undertaking given by the additional 7th
respondent vide its report dated 22.02.2007 are complied with,
simultaneously ensuring that the mining activities of the
petitioners would be confined and restricted to Ext.P2 site and
that it did not spread out to any other area.
In view of the factual position noted above, particularly in
view of expiry of the permit, nothing further remains to be
W.P.(C) No. 5378 OF 2007
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adjudicated in the Writ Petition. Accordingly, the Writ Petition is
closed.
P.R. RAMACHANDRA MENON,
JUDGE.
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