IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29881 of 2010(I) ------------------------------------- PETITIONER: ------------------- M.D.PAPPU, S/O.DEVASSY, MADASSERY HOUSE, NEELISWARAM, KALADY, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN. RESPONDENTS: ------------------------ 1. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, ERNAKULAM, CIVIL STATION, KAKKANAD-682 030. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR, PIN-683 542. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29881 of 2010 (I) --------------------------------- Dated, this the 28th day of September, 2010 J U D G M E N T Ext.P6 order dated 26/07/2010 passed by the 1st respondent is under challenge in this writ petition. 2. By this order, the quarrying permit granted to the petitioner has been cancelled in purported compliance of the directions of this Court in the judgment in WP(C) No.9605/2008, to which the petitioner was not a party. 3. Although, learned counsel for the petitioner has raised several contentions on merits to impugne the validity of Ext.P6 order, having regard to the admitted position that Ext.P6 order was passed without putting the petitioner on notice or giving him an opportunity of hearing, I am inclined to think that this order has been issued in violation of the principles of natural justice. 4. Therefore, I dispose of the writ petition with the following directions:- That Ext.P6 order will be treated as a show cause notice and it will WP(C) No.29881/2010 -2- be open to the petitioner to place his objections against Ext.P6 before the 1st respondent, within two weeks from today. It is directed that if the petitioner files his objection to Ext.P6 as directed above, the 1st respondent will issue notice to the petitioner and hear him, and will take fresh decision in the matter. It is made clear that this judgment will not enable the petitioner to continue quarrying. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg