The High Court held that the impugned review order deprives the petitioner of a chance to be heard. It was treated as a show cause notice. The Collector must consider objections following statutory rules within three weeks.
The impugned order treated as show cause notice; Collector to consider objections per statutory rules within three weeks.
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 MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO.1886 OF 2022
PETITIONER :-
HAMEED, AGED 58 YEARS S/O. MOIDEENKUTTY HAJI, THIYATTIL HOUSE, P.O, PULASSERY, KOPPAM, PALAKKAD DISTRICT, PIN – 679 307.
BY ADV BINOY VASUDEVAN
RESPONDENTS :-
BY SMT.VINITHA. B. -SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1886 OF 2022
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JUDGMENT
Dated this the 5th day of April, 2022
This writ petition is filed challenging Ext.P5 order issued by the District Collector on 7.1.2022. The learned counsel for the petitioner submits that the petitioner had been issued with Ext.P4 order by the Deputy Collector on 22.12.2021 stating that the petitioner does not require permissions for the widening or deepening of a pond in his property. It is submitted that the said communication has now been reviewed by Ext.P5 and interdictory orders have been passed against the petitioner. The learned counsel for the petitioner submits that the request made by the petitioner was only for the renovation of a pond situated in the petitioner's property by removing the clay from the same. It is submitted that Ext.P5 order has been issued without any notice to the petitioner and without considering any of his objections.
WP(C) NO.1886 OF 2022
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In the above view of the matter, I am of the opinion that Ext.P5 can only be treated as a show cause notice to the petitioner at best. There will, accordingly, be a direction that Ext.P5 shall be construed as a show cause notice and the petitioner's objections to Ext.P5 to the extent it proposes a review of Ext.P4 shall be placed on record. Such objections shall be considered by the District Collector in accordance with the provisions of the Kerala Minor Mineral Concession Rules, 2015 as also the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder and appropriate decision shall be taken after considering the petitioner's objections and after hearing the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/ANU SIVARAMAN JUDGE
Jvt/6.4.2022
WP(C) NO.1886 OF 2022
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APPENDIX OF WP(C) 1886/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.11.2021 ISSUED BY THE 5TH RESPONDENT. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE LAND TAX RECEIPT DATED 01.11.2021 ISSUED BY THE 5TH RESPONDENT. |
| Exhibit P3 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS EARLY AS ON 21.11.2021. |
| Exhibit P4 | TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE NO.DCPKD/10771/2021-C3 DATED 22.12.2021. |
| Exhibit P5 | TRUE COPY OF THE ORDER NO. DCPKD/10771/2021-CE DATED 07.01.2022 OF THE 1ST RESPONDENT. |
| Exhibit P6 | TRUE COPY OF THE CIRCULAR NO. DCPKD/2642/2020- CA1 DATED 29.02.2020 ISSUED BY THE 1ST RESPONDENT. |
3 issues framed by the court
Whether an order reviewing an earlier permission can be treated as an immediate ad-interim stay without prior notice to the petitioner.
Whether the impugned review order complies with principles of natural justice by failing to consider objections before passage.
Whether the impugned order should be construed as a show cause notice allowing opportunity of hearing.
2 provisions across 2 enactments
Hameed
The District Collector Civil Station Palakkad
The Deputy Collector LR Civil Station Palakkad
The District Geologist Office of the District Geologist Civil Station Palakkad
The Tahsildar Land Records Taluk Office Pattambi
The Village Officer Paruthur Village Paruthur P.O Palakkad District
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
