This writ petition is filed challenging Ext.P5 order issued by the Village Officer, calling upon the petitioner to stop the operation of the crusher unit, on the allegation that the petitioner does not have valid licence/permission. The stop memo was issued as directed by the Revenue Divisional Officer. 2. According to the petitioner, he is conducting a crusher unit in the aforesaid property after getting all necessary licence/permission from the competent authorities.
3. The Geologist issued notice dated 19.11.2013 indicating that since four persons died in the quarry nearby the aforesaid crusher unit, the licence of the crusher unit cannot be issued. The petitioner preferred Ext.P12 appeal before the Government in terms of Rule 49 of the Minor Mineral Construction Rules. Ext.P12 is the said appeal, which is pending consideration. Petitioner, therefore, filed amended writ petition seeking a direction to the additional fourth respondent to consider and pass W.P.C.No.22056 OF 2013 2 appropriate orders on Ext.P12. The petitioner also sought for appropriate relief to stay the operation of Ext.R1(a) (Ext.P11) till the disposal of the said appeal.
This Court had already granted an interim order staying further proceedings pursuant to Ext.P5.
As the matters stand now, the petitioner does not have licence for conducting crusher unit, which is already rejected in terms of Ext.P11. It is against the said order that Ext.P12 appeal has been filed as per Rules. Under these circumstances, I am of the view that the writ petition can be disposed of as under:
The additional fourth respondent shall consider Ext.P12 appeal and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE