IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 28604 of 2010(A) -------------------------- PETITIONER(S): -------------------- RAJU ABRAHAM, AGED 34, S/O.ABRAHAM, MUNDAKATHARAYIL HOUSE, KONGANDOOR P.O., AYARKUNNAM. BY ADV. SRI.BABU PAUL RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE VILLAGE OFFICER, MANIMALA, KOTTAYAM. 3. ANTONY K.M., KOONTHANATHU HOUSE, KONNAKKULAM, ERUMELI P.O., KOTTAYAM-686509. 4. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM-2. GOVT.PLEADER SRI.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28604 OF 2010 (A) ===================== Dated this the 27th day of September, 2010 J U D G M E N T Petitioner submits that he was issued a permit for quarrying 1000 M.Ts of decayed/waning rock. It is stated that, while so, some of the neighbours filed Ext.P4 complaint before the District Collector and that the District Collector made an endorsement on Ext.P4 requiring the Deputy Collector to get an enquiry conducted. It was further ordered that if the mining is illegal, without permit or consent and harmful to public and nature, to issue a stop memo. It is stated that in pursuance to Ext.P4, Tahsildar conducted an enquiry and Ext.P3 report was submitted, which did not suggest that the petitioner was mining illegally, without any permit or causing damage to the environment. It is stated that despite all this, on the same day itself, Ext.P2 stop memo was issued by the Village Officer without conducting an enquiry resulting in complete stoppage of the petitioner's activities. It is in this context, the writ petition has been filed. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, after WPC No. 28604/10 :2 : the Tahsildar conducted the enquiry and forwarded Ext.P3 Report to the District Collector, it was on the direction of the Tahsildar that Ext.P2 stop memo was issued by the Village Officer. It is stated that the period of the permit that was issued to the petitioner also has expired on 23/9/2010 and that the matter is now pending before the District Collector. 3. From the submissions thus made by the learned Government Pleader, it is thus obvious that the enquiry initiated on the basis of Ext.P4 complaint received by the District Collector is now pending. The District Collector also has obtained reports from the Tahsildar. Now that the matter is thus pending, the District collector is to conclude the enquiry. It should be done with notice to the parties. 4. Having regard to the pendency of the matter as above, I direct the 1st respondent, District Collector to conduct enquiry in pursuance to Ext.P4 in the light of the materials available before it and with notice to the parties. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. It is directed that depending upon the outcome of the enquiry, it will be open to the petitioner to seek WPC No. 28604/10 :3 : revalidation/reissuance/renewal of the permit that was issued to him, which has expired on 23/9/2010. 5. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the District Collector for complying with the direction as above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp