IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 16283 of 2009(E) -------------------------------------- PETITIONER(S): ----------------------- PREMJITH M.R., S/O.M.P.RAMAN, AGED 32 YEARS, MUNDAPPURATHKATTIL HOUSE, KAKKUR P.O., KOZHIKODE DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): ------------------------- 1. THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, KAKKUR, KOZHIKODE DISTRICT. 2. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 4. THE SENIOR GEOLOGIST, OFFICE OF THE MINING & GEOLOGY, KOZHIKODE. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. V.GIRI, J. ---------------------------------------- W.P.(C).No.16283 of 2009 ---------------------------------------- Dated this the 9th day of July, 2009. JUDGMENT The petitioner obtained Ext.P1 quarrying permit from the Geologist, permitting him to extract laterite stones from 20 cents of property in R.S.No.11 of the Kakkur village in Kozhikode Taluk. According to him, there are no residential houses within 400 meters of the quarrying site. He had invested large amounts for proceeding with the quarry. It is contended that some of the close relatives of the petitioner, finding that the petitioner was conducting a profitable business in the said property, tried to get back the property. When they failed in their attempt, they made complaints to the District Collector, who, in turn, called for a report from the village Officer. The petitioner does not seek to restrain these proceedings, but is aggrieved by Ext.P2 stop memo, which had been issued to him without any authority. W.P.(C).No.16283 of 2009 :: 2 :: 2. Learned Government Pleader, on instructions, submits that Ext.P2 has been issued as per the instructions of the District Collector. 3. If there is a permit, then unless there are reasons to revoke the permit for any violation of the conditions, the permit holder must be in a position to enforce the same. 4. The District Collector shall, therefore, take decision on this aspect and to enable him to do so, the petitioner shall file a detailed representation, along with a copy of this judgment. If there are any objectors claiming themselves to be residing in the neighbourhood allegedly prejudiced by the quarrying operations carried on by the petitioner, they shall be issued notice and final orders shall be passed by the District Collector. This process shall be completed within a period of one month from the date of receipt of a copy of this judgment. Enforcement of the stop memo will abide by the W.P.(C).No.16283 of 2009 :: 3 :: decision to be taken by the District Collector, as aforementioned. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge