In a writ petition, the Kerala High Court directed the District Collector to decide on the petitioner's representation seeking reconsideration of his mining permit application within two weeks.
Direction to the respondent to decide on the petitioner's representation within two weeks from the receipt of the judgment copy.
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 T.R.RAMACHANDRAN NAIR
TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934
WP(C).No. 8444 of 2012 (E)
PETITIONER:
K.N.RAJAN, KUTTIYIL HOUSE, KUTTAMPEROOR P.O., MANNAR VILLAGE CHENGANNUR, ALAPPUZHA DISTRICT.
BY ADVS.DR.K.P.SATHEESAN
SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR
RESPONDENT:
THE DISTRICT COLLECTOR, ALAPPUZHA, CIVIL STATION, ALAPPUZHA - 688 001.
BY ADV. SRI. VINCENT K.C., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8444 of 2012 (E)
: 2 :
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1. TRUE PHOTOGRAPH OF THE LIE OF THE PROPERTY.
EXHIBIT P2. TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT DATED 17/6/2011.
EXHIBIT P3. TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 4/7/2011.
EXHIBIT P4. TRUE COPY OF THE MINING PERMIT GIVEN BY THE GEOLOGIST, ALAPPUZHA DATED 22/6/2011.
EXHIBIT P5. TRUE COPY OF THE REPORT GIVEN BY THE VILLAGE OFFICER, VETTIYAR VILLAGE DATED 29/6/2011.
EXHIBIT P6. TRUE COPY OF THE LETTER WRITTEN BY THE RDO, CHENGANNUR TO THE RESPONDENT DATED 30/12/2011.
EXHIBIT P7. TRUE COPY OF THE REPORT GIVEN BY THE AGRICULTURAL OFFICER, THAZHAKKARA DATED 21/1/2012.
EXHIBIT P8. TRUE COPY OF THE LETTER WRITTEN BY THE GEOLOGIST, ALAPPUZHA TO THE RESPONDENT DATED 7/3/2012.
EXHIBIT P9. TRUE COPY OF THE LETTER GIVEN BY THE RESPONDENT TO THE PETITIONER DATED 19/3/2012.
EXHIBIT P10. TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 21/3/2012.
RESPONDENTS' EXHIBITS : NIL
//True Copy//
P.A. to Judge.
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.8444 of 2012
-------------------------------------------------DATED THIS THE 22nd DAY OF MAY, 2012
JUDGMENT
The petitioner is the owner of 18 Ares 21 Sq.Meters of landed property in Block No.6 of Re-Survey No.183/10-3 of Vettiyar Village in Mavelikkara Taluk. According to the petitioner, the said land is at an elevated portion from the surrounding area
and it could be made cultivable only if the heap of clay is removed from there and the said clay can be used for manufacturing bricks.
W.P.(C)No.8444/12 -2-
property will not cause any environmental problems and it will not result in any ecological imbalances. It appears that the Revenue Divisional Officer conducted a site inspection and Exhibit P6 is the letter written by the Revenue Divisional Officer to the respondent on 30.12.2011. Exhibit P7 is the report submitted by the Agricultural Officer. The petitioner approached the Geologist to renew the permit and renewal has not been granted so far. For considering the application for renewal, a fresh NOC from the District Collector is required. But the petitioner was confronted with Exhibit P9 reply stating that No Objection Certificate cannot be issued. Seeking for a reconsideration of the matter, the petitioner filed Exhibit P10 representation. The learned counsel for the petitioner prayed for a direction to the respondent to consider and pass orders on Exhibit P10 within a time frame.
W.P.(C)No.8444/12
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receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the respondent for compliance.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR , JUDGE .
dsn
1 issue framed by the court
Whether the respondent is directed to decide on the petitioner's representation for reconsideration of the mining permit NOC.
K.N.Rajan
The District Collector, Alappuzha
T.R.Ramachandrannair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
