IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 17040 of 2010(D) ------------------------------- PETITIONER: ------------------- T.J.CHERIYAN, S/O.P.C.JOSHUA, AGED 74 YEARS, THOPPIL HOUSE, BADERI ESTATE, VADUVANCHAL P.O., SOUTH WYNAD. BY ADVS. SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.JAGAN ABRAHAM M.GEORGE, SRI.P.G.PRAMOD. RESPONDENTS: ------------------------ 1. THE SECRETARY, MUPPAINAD GRAMA PANCHAYAT, VADUVANCHAL P.O., SOUTH WYNAD. 2. THE GEOLOGIST, THE DISTRICT OFFICE WAYNAD, MINING AND GEOLOGY DEPARTMENT, MEENANGADI P.O., WAYNAD. R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.17040 of 2010 --------------------------------- ---- DATED THIS THE 2nd DAY OF JUNE, 2010 JUDGMENT The petitioner herein is the owner of a coffee plantation having an extent of 1.44 hectares lying in re-survey No.17/2 of block No.33 of Muppainad Village, Vythiri Taluk. The petitioner, for the purpose of agricultural operation, started digging of a pond. Since some part of it contained a rock formation, he had to remove the rocks also, for the proper digging of the pond. Exhibit P2 is the copy of the permit issued by the Geologist. It appears that the Secretary of the Panchayat issued a stop memo as per Exhibit P6 in the matter. The petitioner submitted Exhibit P7 reply stating that there is no quarrying operation there and he has only entrusted the construction of a pond. It is pointed out that so far the stop memo has not been withdrawn or final order has not been passed by the Secretary of the Panchayat. It is pointed out that unless the work is completed, it will cause much hardship to the petitioner, since the monsoon is expected at any point of time. W.P.(C)No.17040/10 -2- 2. In the light of the above, there will be a direction to the 1st respondent to take a decision on Exhibit P8 representation along with similar representations filed earlier within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn