The petitioner, the owner of an item of property in Survey No.299/4-4 of Vazhoor Village in Changanassery Taluk has been granted a permit by the second respondent for removing red earth from his property. The petitioner has filed this writ petition challenging Ext.P2 notice by which, the petitioner has been directed to show cause why action should not be initiated against him for violation of the conditions stipulated by the Panchayat. There are allegations regarding damage to a public road also in Ext.P2. Therefore, the petitioner has been directed to explain why his land development permit and building permit should not be cancelled. The petitioner has submitted his explanation, which is Ext.P4. The petitioner also places reliance on two decisions of this Court, in W.P.(C) No.15022 of 2012 and a Division Bench decision in Construction Material Movers Association & Others Vs. State of Kerala and Others [2008 (4) KLT 909].
W.P.(C).No.28672 of 2014 2 The petitioner seeks the issue of appropriate orders quashing Ext.P2.
2. Heard. Since Ext.P2 is only a show cause notice, I am not satisfied that any interference with the same is either necessary or called for at this stage. No action prejudicial to the interests of the petitioner has been initiated yet. The petitioner has responded to the show cause notice, Ext.P2, by submitting his explanation Ext.P4. What remains now is for the Panchayat to consider the explanation of the petitioner and to pass final orders. If the petitioner is aggrieved by the said final order, it shall thereupon be open to him to challenge the same. In the above view of the matter, it is sufficient that this writ petition is disposed of, directing the third respondent to finalise the proceedings initiated by Ext.P2, after considering the explanation of the petitioner also.
This writ petition is, therefore, disposed of, directing the third respondent to consider Ext.P4 explanation submitted by the petitioner, after giving him an opportunity of being heard and to pass final orders on Ext.P2, in the light of the decisions referred W.P.(C).No.28672 of 2014 3 above, as expeditiously as possible and at any rate within a period of ten days of the date of receipt of a copy of this judgment.
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K.SURENDRA MOHAN, JUDGE.
rkc.