Petitioners challenge Ext.P8 stop memo issued by the first respondent by which they were asked to stop reclamation to create different levels for the property using JCB on the ground that there is no basis for stopping the petitioners from carrying on agricultural activities in the property belonging to them. 2. Learned Government Pleader, on instructions, would submit that Ext.P8 memo came to be issued, since the petitioner did not get necessary permission from the District Collector in terms of Rule 8(1)(b) of the Kerala Minor Mineral Concession Rules, 1967. It is submitted that the petitioner has dug two ponds having dimensions of 75/75 x 20 x 15 and 90 x 18 x18. This was done without getting permission from the competent authority which resulted in the stop memo being issued by the Village Officer.
3. Under these circumstances, I do not think that there is any illegality on the part of the first respondent in issuing the W.P.C.No.12252 OF 2013 2 stop memo. Petitioner will have to approach the 4th respondent and seek necessary permission as directed in Ext.P8 and only thereafter, the petitioner will be in a position to reclaim or level his property in different steps.
4. On the petitioner making such an application, the same shall be considered by the 4th respondent in accordance with the procedure prescribed. The entire process shall be completed within a period of one month from the date of receipt of a copy of this judgment.
With the above observations, this writ petition is disposed of.
Sd/-
A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE