Petitioner sought permission to remove red earth based on an expired order. Court dismissed the writ petition noting the order lapsed in 2007 and directed fresh application.
Petitioner directed to make a fresh application for removal of red earth.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933
WP(C).No. 13732 of 2008(I)
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PETITIONER(S):
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CHANDRASEKHARAN, AGED 48 YEARS, S/O.KUJIKELAN, ANNALOOR, KUTTIL HOUSE, CHALAKUDY.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER, THRISSUR.
2. TAHSILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA.
3. VILLAGE OFFICER, VADAKKUMBHAGAM VILLAGE, CHALAKUDY, THRISSUR DISTRICT.
4. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR.
GOVT.PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.13732/08
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF THE TITLE DEED OF THE PETITIONER DATED 27.12.06.
EXT.P2(a): TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY RADHA DATED NIL.
EXT.P2(b): TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY SANTHOSH DATED NIL.
EXT.P2(c): TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY HARIHARAN DATED NIL.
EXT.P2(d): TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY BINDU DATED NIL.
EXT.P2(e): TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY BALAKRISHNAN.
EXT.P3: TRUE COPY OF THE ORDER OF THE RDO DATED 15.6.07. EXT.P4: TRUE COPY OF THE GOVERNMENT ORDER DT 23.12.77. EXT.P5: TRUE COPY OF THE LETTER ISSUED BY THE GEOLOGIST DATED 22.12.06.
//TRUE COPY//
P.A. TO JUDGE
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 13732 OF 2008
=====================
Dated this the 15th day of November, 2011
J U D G M E N T
The payer sought in the writ petition is to permit removal of red earth on the strength of Ext.P3 order. A reading of Ext.P3 order itself shows that the said order permitted removal of red earth and that the validity of the order was only for a period of one month. This having expired way back in 2007 itself, there arise no question of passing any order as sought for by the petitioner.
Writ petition is closed.
Sd/- ANTONY DOMINIC, JUDGE
Rp
//True Copy//
PA to Judge
CHANDRASEKHARAN
THE REVENUE DIVISIONAL OFFICER, THRISSUR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
