SANTHOSH.R., Vs. VELIYAM GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is stated to be a Contractor under the Public Works Department (PWD) and he has approached this Court impugning Ext.P12 stop memo issued to him by the Secretary of the Veliyam Grama Panchayat. The petitioner says that the statements in Ext.P2, wherein, he has been asked to stop all construction activities in a quarry operated by him are totally untenable, since he was only operating a Hot Tar Mixing Plant in his property and that too without causing any detriment or prejudice to anyone else. The petitioner, therefore, prays that Ext.P12 be quashed and he be permitted to continue with the Hot Tar Mixing Unit; alternatively, praying that 1st respondent be directed to give him permission to install a state of the art Plant in his property, so as to enable him to complete certain road works before 31.10.2019, which has been entrusted to him by the PWD.

(2.) The learned Standing Counsel appearing for the 1st respondent-Veliyam Grama Panchayat submits that Ext.P12 was issued to the petitioner since he was operating the Unit without applying for or obtaining any permission or licence from the Panchayat. He says that, in fact, the petitioner has preferred Ext.P13 objections against Ext.P12; but that he has not made any fresh application for licence and therefore, that the Secretary of the Panchayat is incapacitated from considering either Ext.P13 or to withdraw Ext.P12. He, therefore, prays that the writ petition be dismissed.

(3.) The learned counsel appearing for the 5th respondent submits that his client is residing within 50 metres of the property of the petitioner, wherein the Hot Mix Plant was being unauthorizedly operated and therefore, that the Panchayat was completely within their power to have issued Ext.P12 stop memo. He, therefore, prays that this writ petition be dismissed.