The petitioners have approached this Court aggrieved by Exts.P1 and P2 notices issued by the Village Officer. The petitioners are engaged in metal crusher and quarrying in Re-survey No.966 of Thodarnadu Village in Mananthavaddy Taluk. The petitioners submit that they have valid permit and the Pollution Control Board has also issued necessary consent to them. Therefore, Exts.P1 and P2 are illegal and unsustainable. However, Exts.P1 and P2 can be seen that this is issued based on the inspection conducted by the District Collector. It is seen that the petitioners have not followed the directions of the District Collector. The violation is found out against the petitioners is on account of depositing quarrying waste damaging nearby properties including agricultural activities of others. It is also seen that they have obstructed W.P.(C) No.31246 of 2014 2 flow of water. Considering the fact that the petitioners are engaged in crusher unit and quarrying activities based on the valid permit. The District Geologist, Wayanad is suo motu impleaded as an additional 4th respondent.
In such circumstances, I am of the view that the petitioners can be directed to abate any nuisance and obstruction caused to others. Therefore, there shall be a direction to the District Geologist, Wayanad to inspect the petitioners’ unit and give necessary direction to abate any nuisance if otherwise exists on account of operation of the metal crusher and quarrying. This shall be done within a period of two weeks. Till then, operation of Exts.P1 and P2 are stayed. Further activities of the petitioners will be depend upon the compliance of any direction to be issued by the Geologist.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln