A.K.JAYASANKARAN NAMBIAR
Jalal – Appellant
Versus
Village Officer – Respondent
JUDGMENT :
The petitioner has approached this Court challenging Ext.P2 stop memo that was issued to him by the 1st respondent Village Officer. By the said stop memo he is prevented from undertaking extraction of granite building stone from an area, over which he claims to have the right to extract the said stones. In the writ petition it is the case of the petitioner that Ext.P2 stop memo was issued without any prior show cause notice and hence it is without jurisdiction.
2. While the contention with regard to lack of jurisdiction is one that merits consideration in the instant case, I am of the view that inasmuch as an adjudication of the said issue would take time, it would be prudent on the facts of the instant case to direct the petitioner to treat Ext.P2 stop memo as a show cause notice and file his objections regarding the same before the 1st respondent Geologist. On the Geologist receiving the objections from the petitioner, it would be apposite for the Geologist to visit the premises of the petitioner and look into the issue raised in the stop memo and take a decision in the matter of permitting the petitioner to continue with the extraction of granite building stone from the
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