IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 14438 of 2011(D) -------------------------- PETITIONER(S): ----------------------- S.SHAJI, G.S.MANDIRAM, POOTHAKULAM, PARAVUR, KOLLAM. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): ------------------------- 1. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING & GEOLOTY DISTRICT OFFICE, KOLLAM 691 002. ADDL.R2: THE VILLAGE OFFICER, POOTHAKULAM, KOLLAM TALUK, KOLLAM DISTRICT (ADDL.R2 IS IMPLEADED AS PER ORDER IN IA NO.9449/11 DT 20/6/2011) SR.GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14438/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PERMIT DT 25.4.2011. EXT.P2: TRUE COPY OF RECEIPT EXT.P3: TRUE COPY OF STOP MEMO DT 17.5.11. EXT.P3a: TRUE COPY OF ENVELOPE. EXT.P4: TRUE COPY OF ORDER DT 25.5.2011 IN WPC 13706/11 EXT.P5: TRUE COPY OF REPRESENTATION. EXT.P5a: TRUE COPY OF POSTAL RECEIPT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14438 OF 2011 ===================== Dated this the 20th day of June, 2011 J U D G M E N T What led the petitioner to file the writ petition is Ext.P3 stop memo issued by the respondent restraining the petitioner from continuing quarrying operations. According to the petitioner, there is no basis for issuing Ext.P3 and so long as Ext.P1 quarrying permit is in force, he is entitled to continue quarrying operations. 2. However, from the contents of Ext.P3, what is seen is that it was based on an inspection conducted by the respondent when it was allegedly found that quarrying operations were being carried on in violation of the permit conditions, that the stop memo was issued. Such stop memo cannot be said to be one without jurisdiction warranting interference in this proceedings. At this stage, all that is necessary is that the respondent should conduct an enquiry on the allegations against the petitioner with notice to him and pass final orders in the matter. 3. Having regard to the above, the writ petition is disposed of with the following directions:- WPC No. 14438/11 :2 : (1) That on the production of a copy of this judgment along with a copy of this writ petition, respondent will within 7 days thereafter issue show cause notice to the petitioner detailing the allegations against him and calling upon the petitioner to file his objections within two weeks. (2) It is directed that once objections are filed, respondent will pass final orders in the matter affording the petitioner an opportunity of hearing. (3) This the respondent shall do within 2 weeks of the petitioner filing the objection as above. ANTONY DOMINIC, JUDGE Rp