Disposed

K.K.Shaji v. the Tahsildar, Sulthanbatheri

Kerala HC19 Feb 2016WP(C)/5004/2016

Case brief

AI extract

What is this about?

Petitioner sought permission to remove ordinary sand for agricultural operations. District Collector recommended permission. Petitioner aggrieved by delay in Geologist's decision. Court directed Geologist to decide within one month. Petition disposed.

What did the court decide?

The 4th Respondent (District Geologist) directed to decide the matter within one month from the date of receipt of this judgment.

K.K.Shaji Vs the Tahsildar, Sulthanbatheri — Land Acquisition | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 19TH DAY OF FEBRUARY 2016/30TH MAGHA, 1937

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WP(C).No. 5004 of 2016 (A)

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PETITIONER :

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K.K.SHAJI,

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S/O.KURIAKOSE, KOONAPPILLI HOUSE, THAZHAMUNDA P.O., POOTHADI VILLAGE SULTHANBATHERI, WAYANAD DISTRICT.

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BY ADVS.SRI.P.SAMSUDIN

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SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE

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RESPONDENT(S) :

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1. TAHSILDAR, SULTHANBATHERI TALUK OFFICE, SULTHANBATHERI - 673 592 WAYANAD DISTRICT.

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2. VILLAGE OFFICER, POOTHADI, SULTHANBATHERI TALUK, POOTHADI P.O.-673 591 WAYANAD DISTRICT

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3. THE DISTRICT COLLECTOR WAYANAD DISTRICT, COLLECTORATE,

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KALPATTA-673 121, WAYANAD DISTRICT.

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4. THE DISTRICT GEOLOGIST WAYANAD DISTRICT, KALPATTA-673 121,

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WAYANAD DISTRICT.

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R1 TO R4 BY GOVT. PLEADER SRI. BIJU MEENATTOOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 5004 of 2016 (A)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT. P1 - TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT. EXT. P2 - TRUE COPY OF THE FORM-F ISSUED BY THE VILLAGE OFFICER. EXT. P3 - TRUE COPY OF THE REPORT DATED 25.03.2013 SUBMITTED BY THE VILLAGE OFFICER TO THE TAHSILDAR. EXT. P4 - TRUE COPY OF THE REPORT DATED 26.03.2013 FORWARDED BY THE TAHSILDAR TO THE DISTRICT COLLECTOR.

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EXT. P5 - TRUE COPY OF THE APPLICATION SEEKING PERMISSION FOR SAND MINING SUBMITTED BEFORE THE 4TH RESPONDENT.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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--------------------------------------------

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W.P.(C).No.5004 of 2016

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Dated this the 19^th day of February,2016

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-------------------------

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The petitioner is the owner in possession of 0.0404 hectare of dry land comprised in resurvey No.622/1 in Block No.8 in Poothadi Village. The petitioner has approached the District Collector seeking permission to remove ordinary sand deposit from the land to conduct agricultural operation. Based on an enquiry conducted by the Village Officer, the Tahsildar has forwarded a report to the District Collector recommending permission to remove ordinary sand from the land. The petitioner has also submitted Ext.P5 application for sand mining permit before the Geologist. Aggrieved by the delay in taking decision by the Geologist, the petitioner has approached this Court.

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Heard the learned Counsel for the petitioner and the learned Government Pleader.

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Having regard to the factual situation, this Court is of the view that, the Geologist shall take appropriate decision in this matter after adverting to the report of the Village Officer as

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W.P.(C).No.5004 of 2016

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well as the Tahsildar. Needful shall be done within a period of

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one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/

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A.MUHAMED MUSTAQUE,

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JUDGE

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jm/

K.K.Shaji v. the Tahsildar, Sulthanbatheri

Case brief

What is this about?

What did the court decide?

K.K.Shaji v. the Tahsildar, Sulthanbatheri

Case brief

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What did the court decide?

What the court decided

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