IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 36981 of 2008(C) -------------------------------- PETITIONER: -------------- T.V. DAMODHARAN, S/O. VELAYUDHAN, AGED 58 YEARS, RESIDING AT THENGAMOOCHI HOUSE, CHERUSSERY DESOM, THAIKATTUSSERY P.O, THRISSUR DISTRICT. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE. MR.T.RAMPRASAD UNNI, ADVOCATE. MR.K.G.RAJEESH, ADVOCATE. RESPONDENT: ---------------- THE VILLAGE OFFICER, VALLACHIRA, THRISSUR TALUK, THRISSUR DISTRICT. MR. M.A. ASIF, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.36981/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE PERMIT DTD. 13.8.2008 ISSUED TO THE PETITIONER BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. EXT. P2 : COPY OF the PERMIT DTD. 25.8.2008 ISSUED TO THE PETITIONER BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. EXT. P3 : COPY OF THE PERMIT DTD. 25.8.2008 ISSUED TO THE PETITIONER BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. EXT. P4 : COPY OF THE PROHIBITORY ORDER DTD. 6.11.2008 ISSUED TO THE PETITIONER BY THE RESPONDENT. EXT. P5 : COPY OF THE PETITION DTD. 3.1.2009 SUBMITTED BY SIMON KUNDAYI AND ANOTHER BEFORE THE R.D.O. EXT. P5(a) : COPY OF PETITION DTD. 5.1.2009 SUBMITTED BY K.A. SIMON BEFORE THE R.D.O. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.36981 of 2008 --------------------------------- Dated, this the 17th day of February, 2009 J U D G M E N T Ext.P4 prohibitory order issued by the respondent is under challenge in this writ petition. 2. The petitioner is running a granite building stone quarry. According to the petitioner, Exts.P1 to P3 are the permits issued by the Geologist authorizing him to carry on the quarrying. It is stated that despite the valid permits he has, the respondent, who has no jurisdiction in the matter, issued Ext.P4 prohibitory order dated 06/11/2008 prohibiting the petitioner from quarrying operation on the strength of Exts.P1 to P3. 3. On behalf of the respondent, it is pointed out that, it was on account of the complaints received from the neighbouring residents regarding the damages caused to their properties, that the Village Officer had issued Ext.P4. 4. The petitioner has along with I.A.No.452/2009 produced two affidavits sworn to by one Mr.K.A.Simon and one Mr.A.K.Surendran stating that, they are withdrawing the complaints WP(C) No.36981/2008 -2- made by each of them to the Village Officer. The learned counsel for the petitioner submits that apart from the aforesaid persons, none else had any complaint about the functioning of the quarry. 5. If as stated, complainants themselves have withdrawn their complaints, there is no reason for the Village Officer not to reconsider Ext.P4. Therefore, I direct the petitioner to produce the aforesaid complainants before the Village Officer and the Village Officer will examine the matter and if satisfied that all the complaints have been withdrawn, fresh orders shall be passed reconsidering Ext.P4. 6. The petitioner shall produce a copy of this judgment before the Village Officer for compliance. Thereupon, on appearance of the aforesaid persons before the Village Officer, the Village Officer shall pass orders in the matter within two weeks thereafter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg