Disposed

Haneefa v. Revenue Divisional Officer

Kerala HC1 Jun 2012WP(C)/11963/2012

Case brief

AI extract

What is this about?

Petitioner sought permission to remove red earth from his land. Respondents stated that an earlier G.O. empowering them had been cancelled by a newer order. They directed the second respondent to conduct an enquiry and pass appropriate orders within one month.

What did the court decide?

Respondents directed to allow the 2nd respondent to conduct enquiry and pass appropriate order within one month.

Haneefa Vs Revenue Divisional Officer — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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FRIDAY, THE 1ST DAY OF JUNE 2012/11TH JYAISHTA 1934

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WP(C).No. 11963 of 2012 (U)

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PETITIONER(S):

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HANEEFA, AGED 47 YEARS S/O. SAITHU, VAZHAKKAMADAM, KOVILAKATHUKUNNU PUTHANCHIRA, THRISSUR DISTRICT.

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BY ADVS.SRI.RENJITH THAMPAN (SR.) SRI.V.M.KRISHNAKUMAR

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RESPONDENT(S):

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1. REVENUE DIVISIONAL OFFICER THRISSUR, PIN 680 003.

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2. GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE THRISSUR PIN 680 003.

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3. STATE OF KERALA REP.BY THE SECRETARY DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT THIRUVANANTHAPURAM 695 001.

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BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 11963 of 2012 (U)

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APPENDIX

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PETITIONER(S) EXHIBITS :-

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EXHIBIT P1. COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 06.01.2012.

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EXHIBIT P2. COPY OF THE APPLICATION DATED 22.4.2012 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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EXHIBIT P3. COPY OF THE APPLICATION DATED 18.04.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P4. COPY OF THE G.O (MS) NO.18/2012/ID DATED 15.02.2012.

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RESPONDENTS' EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

T.R.RAMACHANDRAN NAIR, J.

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-------------------------------------------------W.P.(C)No.11963 Of 2012-U

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-------------------------------------------------DATED THIS THE 1^st DAY OF JUNE, 2012

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JUDGMENT

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The petitioner herein owns 2.5 Acres of land in Survey No.224/6 of Puthanchira Village. The petitioner seeks permission for removal of red earth from the said property to establish a poultry farm there. According to the petitioner he had been approaching respondents 1 and 2 in the matter and no action has hitherto been taken by the 1^st or 2^nd respondents.

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The learned Government Pleader on getting instructions submitted that the Government had earlier issued G.O.(MS)No.180/2011/ID dated 19.8.2011 empowering the District Collector and Revenue Divisional Officers to give permission for large scale mining of ordinary earth for industrial purposes. But the said order has been cancelled as per G.O.(MS) No.18/12/ID dated 15.2.2012. Therefore the Revenue Divisional Officer has no power in the matter now.

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In that view of the matter, the 2^nd respondent will take appropriate action on Exhibit P3 application, conduct due enquiry

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W.P.(C)No.11963/12

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-2-

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in the matter and if all parameters are satisfied, an appropriate order/proceedings will be passed within a period of one month from the date of production of a certified copy of this judgment, along with a copy of the Writ Petition.

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The Writ Petition is disposed of as above.

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Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)

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dsn

Haneefa v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Haneefa v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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