The petitioner was issued with necessary permit to remove the mud. The local residents have objected to removal of the mud. The Revenue Divisional Officer has directed the Geologist to suspend the removal of mud and also not renew the permit. This is evident from Ext.P5. This was in the year 2008. Challenging the order passed by the Revenue Divisional Officer, this writ petition is filed.
On account of the protest from the local residents, a valid permit cannot be interfered by the authorities. If the petitioner is otherwise entitled for removal of mud in accordance with the permit, he is entitled to such activities as permitted. Therefore, Ext.P5 is unsustainable. Consequently, Ext.P6 order passed by the Geologist is also unsustainable. However, the validity of the permit is over. If the petitioner files an application before the Geologist for fresh permit, the Geologist shall consider such application in accordance with law.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln