The petitioner has approached this Court aggrieved by Ext.P10 stop memo issued by the Village Officer, Elamadu. The petitioner has been directed to stop all activities in his property. The petitioner was given a permission by the Tahsildar and Geologist for removal of rocks from his property for the purpose of constructing a residential house and also utilising the land for agricultural purposes. It seems the petitioner has stocked the rocks in the Government land. It is also seen that the petitioner has used explosives and machineries for removing the rocks from his property. It is on account of that Ext.P10 is issued. The Village Officer has no power to issue such notices. Of course he might have issued prohibitory order perhaps for the reason that the activities may pose threat to others. The permission granted to the petitioner by the Tahsildar and WP(C).No.29391/2014-Y.
2 Geologist is still in force. In view of the above, Ext.P10 is set aside. However, if the petitioner violates any conditions in the permission granted by the Tahsildar/Geologist, it is open for them to take appropriate action against the petitioner. It is seen that consequent upon Ext.P10 the petitioner has approached the Tahsildar and the Revenue Divisional Officer and the authorities have affirmed the order passed by the Tahsildar. In view of the setting aside Ext.P10, consequent order passed by the Tahsildar and RDO in Ext.P15 and P17 are also set aside. However, the petitioner submits that he is also prevented from using JCB. It is also made clear that using of JCB will not amount to violation of any permit condition. However, he shall comply with all other conditions.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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