Disposed

Kuriakose I Mathai v. the District Collector

Kerala HC12 Dec 2022WP(C)/2820/2022

Case brief

AI extract

What is this about?

The Court directed the District Collector to consider the petitioner's extension representation under the 2021 Government Order. The petitioner is then free to prosecute pending applications before other respondents based on the Collector's order.

What did the court decide?

Directed District Collector to consider Ext.P8 representation in light of Ext.P7 Government Order and Ext.P11 judgment within one month.

Kuriakose I Mathai Vs the District Collector — Mining and Natural Resources | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944

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WP(C) NO. 2820 OF 2022

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PETITIONER:

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KURIAKOSE I MATHAI
AGED 58 YEARS
ITHOONICKAL HOUSE, KINGINIMATTOM P.O., AIKKARANAD SOUTH
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT
ERNAKULAM, PIN - 682311

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BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030

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2 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT, PIN - 682030

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3 DIRECTOR OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695004

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4 LAND REVENUE COMMISSIONER OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA THIRUVANANTHAPURAM, PIN - 695033

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5 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001

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SRI.ASWIN SETHUMADHAVAN SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.2820 OF 2022

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JUDGMENT

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Dated this the 12^th day of December, 2022

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The petitioner holds a Quarrying Lease dated 10.01.2011. The petitioner has been quarrying granite building stone from the quarries in the Government property.

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The petitioner states that in the light of Covid-19 pandemic, the Government has issued Ext.P7 order dated 12.02.2021, wherein sanction was accorded for extension of the validity of period of Quarrying Permit and Quarrying Leases for a period of one year.

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The petitioner states that in view of Ext.P7, the petitioner has submitted Exts.P8 to P10 applications for extending the period of Quarrying Lease.

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The petitioner states that unless Ext.P8 is considered by the District Collector and based thereon Exts.P9 and P10 applications are considered by the respondents 2 and 3, the petitioner will be put to untold hardship.

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WP(C) NO.2820 OF 2022

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Government Pleader entered appearance on behalf of

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the respondents and resisted the writ petition. The Government Pleader controverted all the material allegations made by the petitioner in the writ petition. However, in view of Ext.P7 Government Order, the applications submitted by the petitioner as per Exts.P8 to P10 can be considered strictly in accordance with law, contends the Government Pleader.

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In view of the above, the writ petition is disposed directing the 1^st respondent-District Collector to consider Ext.P8 representation submitted by the petitioner in the light of Ext.P7 Government Order and Ext.P11 judgment of this Court. The 1^st respondent shall take a decision thereon, within a period of one month. Based on the order to be passed by the 1^st respondent on Ext.P8, it will be open to the petitioner to prosecute Exts.P9 and P10 applications pending before respondents 2 and 3.

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N.NAGARESH JUDGE

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hmh

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WP(C) NO.2820 OF 2022

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APPENDIX OF WP(C) 2820/2022

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PETITIONER EXHIBITS

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`Exhibit- P1`	`TRUE COPY OF NO O` `NO.C4-8354/10(I)` `BY THE TAHSILDAR,`	`BJECTION CERTIFICATE` `DATED 12.10.2010 ISSUED` `MUVATTUPUZHA TALUK`
`Exhibit- P2`	`TRUE COPY OF NO O` `NO.C4-8354/10(II)` `BY THE TAHSILDAR,`	`BJECTION CERTIFICATE` `DATED 12.10.2010 ISSUED` `MUVATTUPUZHA TALUK`
`Exhibit- P3`	`TRUE COPY OF THE` `2011/9059/M3/2010` `THE THIRD RESPOND`	`PROCEEDINGS NO.661/2010-` `DATED 3.1.2011 ISSUED BY` `ENT`
`Exhibit- P4`	`TRUE COPY OF THE` `2011/9058/M3/2010` `THE THIRD RESPOND`	`PROCEEDINGS NO.659/2010-` `DATED 3.1.2011 ISSUED BY` `ENT`
`Exhibit- P5`	`TRUE COPY OF THE` `NO.704/2011 DATED` `THE GOVERNMENT IN`	`QUARRYING LEASE` `10.1.2011 EXECUTED BY` `FAVOUR OF THE PETITIONER`
`Exhibit- P6`	`TRUE COPY OF THE` `NO.705/2011 DATED` `THE GOVERNMENT IN`	`QUARRYING LEASE` `10.1.2011 EXECUTED BY` `FAVOUR OF THE PETITIONER`
`Exhibit- P7`	`TRUE COPY OF THE` `DATED 12.2.2021 I` `KERALA`	`G.O.(RT)NO.203/2021/ID` `SSUED BY GOVERNMENT OF`
`Exhibit- P8`	`TRUE COPY OF THE` `22.3.2021 SUBMITT` `BEFORE THE FIRST`	`APPLICATION DATED` `ED BY THE PETITIONER` `RESPONDENT`
`Exhibit- P9`	`TRUE COPY OF THE` `20.2.2021 SUBMITT` `BEFORE THE SECOND`	`APPLICATION DATED` `ED BY THE PETITIONER` `RESPONDENT`
`Exhibit- P10`	`TRUE COPY OF THE` `19.11.2021 SUBMIT` `BEFORE THE THIRD`	`APPLICATION DATED` `TED BY THE PETITIONER` `RESPONDENT`
`Exhibit -P11`	`PETITIONER HEREWI` `JUDGMENT OF THIS` `9.3.2022 IN WPC N`	`TH PRODUCE THE COPY OF` `HONOURABLE COURT DATED` `O.2359 OF 2022`

Kuriakose I Mathai v. the District Collector

Case brief

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Kuriakose I Mathai v. the District Collector

Case brief

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