The petitioner approached this Court challenging Exts.P1 & P2. The petitioner was given NOC from the District Collector for operating Mutty Rock Sand Manufacturing Unit. The petitioner submitted that No Objection Certificate was issued after placing sketch issued by the Village Officer. Petitioner submits that he has obtained all statutory licences including licence from the Panchayat to operate the unit. However, without taking note of the above aspect, by Exts.P1 and P2 the petitioner's unit ordered to be closed down. It is challenging these orders, the writ petition is filed. 2. The learned Government Pleader submits that the petitioner encroached upon the Government land and it is on account of the encroachment, the respondents have taken action against the petitioner.
3. The petitioner, admittedly, is having all the relevant permits under the law to operate the unit. If the petitioner W.P.(c).No.33568 of 2014 : 2 :
encroached upon the Government land, no doubt, that will not stop the Authorities from removing such encroachment. However, that will not allow the authority to stop the functioning of the unit. Operation of the unit and the interest in the immovable property are different. If it is found that the petitioner is encroached upon the government land, immediate action shall be taken to remove such encroachment, after identifying the property with respect to the title deed or otherwise. However, without identifying the property as it belongs to the Government or some others, a stop memo cannot be issue to stop the functioning of the unit.
3. In view of the above, Exts.P1 and P2 are set aside.
However, this will not stand in the way of the Authorities identifying the Government land in order to to proceed against the petitioner to remove encroachment if any.
With the above direction, the writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No.33568 of 2014 : 3 :