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V.Abdul Rahman vs Village Officer

High Court Of Kerala|13 November, 2014
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JUDGMENT / ORDER

The petitioner is the holder of quarrying permit. The petitioner is in possession of all the licenses for quarrying. The petitioner has approached this Court aggrieved by Ext.P12 stop memo issued by the Village Officer, Perakamanna. This stop memo is issued at the instance of the District Collector, Malappuram as there is a doubt whether this property fall within the vested forest or puramboke or forest, an operation of a quarry based on a valid permit cannot be interdicted by the order in the nature of Ext.P12. It is always open for the Revenue or Forest Officials to find out their own land.
2. I am of the view, it belongs to Revenue or Forest, necessarily, the permit granted to the petitioner can be W.P.(C) No.28389 of 2014 2 revoked. However, without ascertaining whether the property is Revenue or Forest Land, the order in the nature of Ext.P12 cannot be issued, especially when the operation is being carried based on a valid permit.
In the light of the above, Ext.P12 is quashed. However, it is made clear that if the proper identification of the property is made by the Government, the Revenue Officials or Forest Officials shall take necessary action against the petitioner in accordance with law.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

V.Abdul Rahman vs Village Officer

Court

High Court Of Kerala

JudgmentDate
13 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Dr George Abraham