IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WA.No. 1334 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN WPC.18544/2008 Dated 20/06/2008 .................... APPELLANT: PETITIONER: ------------------------------------ BABU.P.KURIAKOSE, PALLATHUKUDI HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.THAMPAN THOMAS RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. THE TAHSILDAR, DEVIKULAM. 2. THE DIRECTOR, MINING & GEOLOGY, TRIVANDRUM. 3. BABY VARKEY, MAPLAKUDY, SOUTH KATHIPARA, KALLARUKUTTY P.O. R1 & R2 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. --------------------------------------------------------- W.A.No.1334 of 2008 ------------------------------------------------------- Dated, this the 26th day of June, 2008 JUDGMENT A.K.Basheer, J. Appellant is the petitioner in the writ petition. He challenged Ext.P10 stop memo issued by respondent No.1 Tahsildar directing him to stop operation of the quarrying activity. The learned Judge before whom the writ petition came up for consideration took the view that the Tahsildar was bound to place the records relating to Ext.P10 stop memo before the Revenue Divisional Officer, who in turn had to pass final orders in the matter. 2. It is contended by learned counsel for the appellant that the above direction was not justified inasmuch as the Revenue Divisional Officer is not the competent authority. We do not propose to deal with the above contention at this stage. In our view, the learned Judge had only indicated that the “competent authority” had to take a decision in the matter. Therefore, we do not find any reason to interfere with the above direction issued by the learned Judge, other than directing respondent No.1 to place all the relevant materials before the W.A.No.1334of 2008 -2- competent authority under the Mines & Minerals (Development & Regulation ) Act 1957 and the Rules framed thereunder. The competent authority on receipt of the relevant records shall afford sufficient opportunity of being heard to the appellant and take a final decision in the matter as expeditiously as possible, at any rate within one month from the date of receipt of the records. The writ appeal is disposed of as above. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS