SASI T. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed challenging Ext.P5 stop memo issued by the Director of Mining and Geology, as per which, the petitioner has been directed to stop all quarrying operations, on the allegation that his quarry is situated within a distance of 10 Kms from the Malabar Wildlife Sanctuary. The petitioner asserts that the distance between his quarry and the Malabar Wildlife Sanctuary, as per the Google Earth Map, is more than 10 Kms; but that this has not been considered by the Director of Geology, while issuing Ext.P5.

(2.) The petitioner says that, he has, in fact, preferred Ext.P6 application before the District Forest Officer, Civil Station, Kozhikode, for measuring the distance between his quarry and the Wildlife Sanctuary, but that no action has been taken thereon until now. He, therefore, prays that Ext.P5 be quashed and he be allowed to carry on with his quarrying activities without any interdiction.

(3.) In response, Sri.Sandesh Raja-Special Government Pleader appearing for the Department of Forests, submits that his specific instruction is that the distance between the petitioner's quarry and the Wildlife sanctuary is 7.47 Kms; and that, therefore, Ext.P5 is irreproachable. He thus prays that this writ petition be dismissed.