VIJU M.ITTOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed impugning Ext.P17 order of the Geologist, as per which, the petitioner's application for movement permit has been rejected on the ground that their quarrying activities has been stopped by the respondent-Panchayat and that they have been directed through notices issued by the Mining and Geology Department and the Pollution Control Board to stop all quarrying activities.

(2.) The petitioner says that at the time when Ext.P17 was issued, the stop memo issued by the Panchayat had been interdicted by the Tribunal, but concedes that the said Tribunal has now restored the interdiction, thus making it clear that Ext.P17 is still in force.

(3.) I am, therefore, of the opinion that unless the petitioner challenges the interdictory orders of the Tribunal or have it vacated in terms of law, there would be no purpose in keeping this writ petition pending; and I am, therefore, of the firm view that it can be closed, however, leaving full liberty to the petitioner to invoke all his contentions, including against Ext.P17 herein, before the Tribunal.