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Judgment
Sathish Ninan, J
In order to put up a building in the property, the petitioner obtained Ext.P1 Development Permit and Ext.P2 Building Permit. Pursuant thereto,
Ext.P5 order granting transit pass was issued by the third respondent Geologist. The grievance of the petitioner is that the extraction and removal of
earth in terms of the permit is interdicted by the second respondent Panchayat which has no authority to do so.
On a reading of Ext.P9 stop memo issued by the Panchayat it appears that, the allegation is that the petitioner is removing earth from property other
than that in respect of which the building and development permits have been issued.
I do not think it necessary to go into the question regarding jurisdiction of the second respondent to issue an order in the nature of Ext.P9. It would
be sufficient if the third respondent-Geologist conducts a site inspection and ascertains the facts with reference to Exts.P1, P2 permits and P5 order.
The third respondent shall ensure that earth is removed only in terms of the permits and from the site specified therein. If the third respondent finds
that there has been any illegal excavation, it will be open for him to initiate appropriate proceedings. Let inspection be conducted and orders passed
within a period of ten days from the date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.