CHERUPARA GRANITES Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by a quarry operator, seeking to quash Ext.P7 stop memo issued by the Divisional Forest Officer, Nilambur North Division, Malappuram District, directing the petitioner to stop the quarry operations, since the petitioner has encroached into an extent of 0.25 cents of forest property, and for other related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is conducting a quarry with all the requisite licences and permits including Environmental Clearance, in the property belonging to him, having an extent of 1.2141 Hectares situated in Survey No.8/2 part in Vettilappara Village. The property shares its boundary on the eastern side with 4 plots that were originally assigned under the Kerala Private Forest (Vesting and Assignment) Rules, 1974. According to the petitioner, it was on the basis of a false allegation that petitioner quarried from 0.25 cents of the said neighbouring land, the Divisional Forest Officer has issued the stop memo, directing stoppage of the entire quarrying activity.

(3.) It is submitted that, the land where petitioner is alleged to have conducted illegal quarrying is not a forest land, and therefore, the DFO has no authority or jurisdiction to issue a stop memo. It is also submitted that, the property of the petitioner does not share any boundary with any forest land also. That apart, it is stated that, 0.25 cents of property alleged to have encroached upon by the petitioner is an assigned land to private persons, which was subsequently transferred by the Forest Department to the Revenue Department in the year 1978, and therefore, from 1978, the land ceased to be a forest and the Forest Department lost all control over the said lands by the creation of proprietary rights by virtue of the assignment.