The writ petition authorized the District Collector to issue a No Objection Certificate for an explosive magazine on attached property, as civil attachment in money suits does not prohibit the necessary administrative order.
Directed the District Collector to pass orders on the NOC application within three weeks despite the attachment.
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
TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942
WP(C).No.7306 OF 2020(K)
PETITIONER:
SAKKEER, AGED 49 YEARS, S/O.ABDUL RAZAK, 5/1359, SAFA, CHEMMARATHUMUKKU, NAGAROOR P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
2 DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOMPALACE P.O., THIRUVANANTHAPURAM DISTRICT-695 004, REPRESENTED BY ITS DIRECTOR.
5 THAHASILDAR, CHIRAYINKEEZHU, MINI CIVIL STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304.
8 NADIRSHA, S/O.ALIYARKUNJU, POOVATHOORPUTHUVAL VILA VEEDU, ALIKUNNAMAKAL, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 001.
BY ADVS. SRI.R.S.KALKURA, SRI.T.NAVVEN, SC,
SRI.SIJU KAMALASANAN, SC, SMT.G RANJITA, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 15th day of December 2020
This writ petition was filed challenging Ext.P8 decision, dated 17.02.2020, of the District Collector, Thiruvananthapuram. The petitioner applied for No Objection Certificate (NOC) for establishing an explosive magazine in his property in Sy.No.221/3 of Pazhayakunnumel Village of the Chirayinkeezhu Taluk of Thiruvananthapuram District.
WP(C).No.7306 OF 2020(K)
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The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
akv
WP(C).No.7306 OF 2020(K)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 07.06.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 12.10.2018. EXHIBIT P3 TRUE COPY OF THE SUIT IN OS 40/2019 BEFORE THE SUB COURT, ATTINGAL ALONG WITH ATTACHMENT PETITION IN IA.926/2019. EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 29.07.2019. EXHIBIT P5 TRUE COPY OF THE SUIT IN OS.43/2019 BEFORE THE SUB COURT, ATTINGAL ALONG WITH ATTACHMENT PETITION IN IA.963/2019. EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 29.07.2019. EXHIBIT P7 TRUE COPY OF THE ORDER IN IA.999/2019 IN OS.43/2019 BEFORE THE SUB COURT, ATTINGAL. EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17.02.2020.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the District Collector should pass orders on the application for NOC regarding an explosive magazine despite the property having conditional attachment due to money suits.
1 provisions across 1 enactments
Sakkeer
District Collector, Collectorate, Kudappanakkeny
Directorate of Mining and Geology
Kerala State Pollution Control Board
District Geologist
Thahashildar, Chirayinkeezhu
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
