COURT OF KERALA AT ERNAKULAM PRESENT: THE…
Directions to Additional Tahsildar to verify subsisting liability and issue revised certificate within one week.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
WP(C).No. 779 of 2016 (V)
PETITIONER :
REGHUNATHAN.S., RAHUL NIVAS, PARUTHIARA, ODANAVOTTOM P.O., KOLLAM -691 512.
BY ADV. SRI.G.BHAGAVAT SINGH
RESPONDENT(S):
1. THE ADDITIONAL TAHSILDAR, KOTTARAKKARA, KOTTARAKKARA P.O,
KOLLAM -691 506.
2. THE VILLAGE OFFICER, VELIYAM VILLAGE, VELIYAM P.O, KOLLAM -691 540.
3. THE SENIOR GEOLOGIST,
BY GOVERNMENT PLEADER SMT. C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 779 of 2016 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. COPY OF THE SALEDEED NO.1959/11 DATED 3.11.2011 OF THE PETITIONER AND OTHERS.
EXHIBIT P2 COPY OF THE EXPLOSIVE LICENCE OF THE PETITIONER DATED 5.12.2011.
EXHIBIT P3 COPY OF THE BLASTERS LICENSE OF THE PETITIONER DATED 20.6.2014.
EXHIBIT P4 COPY OF THE QUARRYING PERMIT DATED 18.2.2009. EXHIBIT P5 COPY OF THE QUARRYING PERMIT DATED 21.2.2013 EXHIBIT P6 COPY OF THE QUARRYING PERMIT DATED 17.1.2013. EXHIBIT P7 COPY OF THE QUARRYING PERMIT DATED 26.9.2014. EXHIBIT P8 COPY OF THE D&O LICENSE DATED 20.5.15 ISSUED BY THE VELIYAM GRAMA PANCHAYAT. EXHIBIT P9 COPY OF THE CONSENT DATED 26.12.2015. EXHIBIT P10 COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.10.2015. EXHIBIT P11 COPY OF THE REPORT FORWARDED BY THE 2ND RESPONDENT TO THE IST RESPONDENT DATED 7.10.2015.
EXHIBIT P13 COPY OF THE STAY ORDER OF THIS HON'BLE COURT DATED 20.10.2015 IN WPC.NO. 21399/15.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
Dated this the 15th day of January, 2016
JUDGMENT
The petitioner approached this Court challenging Ext.P12
certificate issued by the Additional Tahsildar. The certificate
was issued to the petitioner for the purpose of renewing quarrying permit. In the certificate, it is stated that there is a liability to the State and revenue recovery proceedings are
being initiated.
State. He refers to Exts.P13 and P14.
In such circumstances, the Additional Tahsildar shall
verify whether the petitioner has any subsisting liability. If the
petitioner has no subsisting liability, necessarily, other than
one referred in Exts.P13 and P14, revised certificate shall be
W.P.(C) No.779 of 2016 2
issued to the petitioner. Needful shall be done within one
week from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the Additional Tahsildar must verify subsisting liability before issuing a certificate for quarrying permit renewal when a stay order exists.
REGHUNATHAN.S.
THE ADDITIONAL TAHSILDAR, KOTTARAKKARA
THE VILLAGE OFFICER, VELIYAM
THE SENIOR GEOLOGIST
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
