IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 1362 of 2009(K) ------------------------- PETITIONERS: --------------- 1. K.UMMER, S/O.LATE MUHAMMED HAJI, KUNNATH HOUSE, POST TIROORKKAD, PERINTHALMANNA TALUK,MALAPPURAM. 2. K.MOOSA, S/O.LATE MUHAMMED HAJI DO.DO. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVT. OF KERALA, SECRTARIAT, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM. 3. VILLAGE OFFICER, KURUVAMBALAM VILLAGE, KURUVAMBALAM, VIA.PULAMANTHOLE, MALAPPURAM. 4. K.IBRAHIM, S/O.LATE MUHAMMED HAJI KUNNATH HOUSE, POST TIROORKKAD, PERINTHALMANNA, TALUK, MALAPPURAM. R1 BY GOVERNMENT PLEADER, SMT.M.R. SREELATHA R4 BY ADV. SRI.DEVIDAS.U.K THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 1362/09 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE PARITION DEED NO.2464/07 DATED 19.06.07 OF MALAPPURAM SUB REGISTRAR OFFICE. EXT.P2(A) & P2(B) : TRUE COPIES OF THE QUARRYING PERMITS ISSUED TO THE PETITIONERS 1 & 2 BY THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, MALAPPURAM DATED 17.09.08. EXT.P3 : TRUE COPY OF THE PLAINT IN OS NO.106/08 ON THE FILES OF THE SUB COURT MANJERI DATED 03.06.08. EXT.P4(A) & P4(B) : TRUE COPIES OF THE STOP MEMO ISSUED TO THE PETITIONERS 1 & 2 BY THE 3RD RESPONDENT DATED 16.12.08. EXT.P5 : TRUE COPY OF THE REPRESENTATION(OBJECTION) FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.12.08. /TRUE COPY/ PA TO JUDGE ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 1362 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2009 JUDGMENT Petitioners are aggrieved by Exts.P4(a) and P4(b) stop memos issued by the Village Officer requiring them to stop further functioning of their quarries. According to the petitioners, they have all the licences and clearances and therefore there is absolutely no justification for stopping the quarries. 2. However, the learned Government Pleader now informs that, against the stop memos the petitioners had moved the Revenue Divisional Officer(RDO) and the RDO has already heard the parties on 31.12.08. Taking into account this development, I feel it only appropriate that the RDO himself takes a final decision in this matter. Therefore, the writ petition is disposed of directing the 2nd respondent/RDO to pass orders pursuant to the hearing that he has already conducted on 31.12.08, as expeditiously as possible, at any rate, within 7 days of production of a copy of this judgment. Petitioner may produce a copy of this judgment before 1st respondent for compliance. (ANTONY DOMINIC, JUDGE) ttb W.P.C.No. 1362 OF 2009 -:2:-