IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 W.P(C).No. 10235 of 2008(R) ---------------------------------- PETITIONER: -------------- SALIM KUMAR,S/O.SOMARAJAN,SREEVILASAM, VELIYAM WEST,VELIYAM VILLAGE,KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS: ----------------- 1. THE VILLAGE OFFICER, VELIYAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. THE TAHSILDAR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 10235 OF 2008 R ==================== Dated this the 7th day of April, 2008 J U D G M E N T Petitioner was granted Ext.P4 quarrying permit valid upto 26/3/2008. The complaint is that immediately thereafter, he was issued Ext.P5 stop memo. It is challenging the stop memo, this writ petition has been filed. 2. Now, it is submitted on behalf of the learned Government Pleader that after Ext.P4 was granted, a neighbour by name Sri.Jayachandran had submitted a complaint to the District Collector complaining against the issue of Ext.P4 and alleging that damage will be caused to his residential building. It is stated that on the instructions received from the Collectorate, the Village Officer has issued Ext.P5. It is also stated that enquiry will be held into the correctness of the grant with notice to the petitioner and orders will be passed thereafter. 3. True the petitioner has been granted Ext.P4 quarrying permit. But once complaint has been received from the residents in the neighbourhood, the authorities are justified in issuing stop memo as otherwise, since damage will be caused to those living in the WPC 10235/08 :2 : neighbourhood. Thus it is in that process, Ext.P5 has been issued. At the same time, petitioner is also justified in complaining that no further enquiry has been held on receipt of the complaint atleast with notice to the petitioner. 4. In view of the pendency of the complaint as stated above, I dispose of this writ petition directing that the District Collector, Kollam or the Additional District Magistrate, Kollam shall issue notice to the petitioner and the complainant, hear both of them and take a decision in this matter. This shall be done as expeditiously as possible, at any rate within four weeks of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment before the District Collector for compliance. ANTONY DOMINIC,JUDGE. Rp