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P.K.Chekkutty

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

Petitioner is the holder of a quarrying permit. Petitioner filed this Writ Petition challenging Ext.P7 stop memo issued by the Village Officer, Vettilappara Village. It seems Ext.P7 was issued at the instance of the District Collector. It is stated in Ext.P7 that there is doubt whether the property is part of vested forest.
2. I am of the view, merely because of a doubt, the activities being operated based on valid permit shall not be interdicted. It is always open for the revenue officials or forest officials to ascertain the above land. Therefore, instead of resorting to identify the property as forest land or revenue land, they cannot ask the holder of permit to stop activities.
3. In view of the above, it is open for the revenue officials or forest officials to identify the land after issuing notice to the petitioner and ascertain other details from revenue records. If on such enquiry, it is found that it is revenue land or forest land, it is always open for them to revoke the permit granted to the petitioner in accordance with law. With that liberty, Ext.P7 is quashed.
Accordingly, this Writ Petition is disposed of.
Sd/-
Sbna/12/11/14 A.MUHAMED MUSTAQUE, JUDGE.
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Title

P.K.Chekkutty

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • K M Sathyanatha Menon