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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
"i. Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext P2 and quash the same.
ii. issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case." [SIC]
Ext.P2 is a stop memo issued by the 2nd respondent by which a running quarrying unit has been directed to be stopped. According to the petitioner, they are operating the quarry with all statutory clearance including the environmental clearance and consent from Pollution Control Board. According to the petitioner, Ext.P2 has been issued on the basis of a complaint alleged to have been received by the 2nd respondent. Immediately on receipt of the complaint, the 2nd respondent issued Ext.P2 stop memo without even issuing a notice or affording an opportunity of hearing to the petitioner. According to the petitioner, Ext.P2 has been issued in gross violation of the principles of natural justice. Hence, this writ petition.
Heard the learned counsel for the petitioner and the learned counsel for the 1st and 2nd respondents. I also heard the learned counsel appearing for addl. respondent Nos. 3 and 4.
The learned counsel for the petitioner submitted that Ext.P2 is an order passed to stop a running quarry even without giving a notice. The learned counsel appearing for the respondents including the contesting respondents submitted that there is a dangerous situation because of the functioning of the quarry and the Panchayat has got power as per Sec.236(9) of the Kerala Panchayat Raj Act to issue such orders.
I perused Ext.P2 order. In effect, it is only a show cause notice. It is true that there is a direction to stop the functioning of the quarry. If the petitioner is able to convince the Panchayat authorities that there is no danger as alleged in Ext.P2, the petitioner can carry out the work, in accordance to law. The petitioner already submitted his explanation as evident by Ext.P3. The same can be considered within a short time, so that the grievance of the petitioner can be redressed. Admittedly, there is a stay order passed by this Court as far as Ext.P2 is concerned. That can be continued till a decision is taken, so that the entire matter can be settled by the Panchayat authorities.
Therefore, this writ petition can be disposed of with the following directions :
(1) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P3 reply submitted to Ext.P2 show cause notice, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner and additional respondent Nos. 3 and 4.
(2) Till final orders are passed, the interim order staying all further proceedings of Ext.P2 will continue in force.