Disposed

Prema T, v. District Collector

Kerala HC11 Jun 2024WP(C)/16729/2024

Case brief

AI extract

What is this about?

A writ plea filed by a local member challenging a quarrying permit granted to a private company on land allegedly exempt under the Kerala Land Reforms Act. The Court directed the District Collector to consider the representation and pass appropriate orders.

What did the court decide?

Direction to the District Collector to consider the petitioner's representation, afford hearing to affected parties, and pass orders within two months of the judgment date.

Prema T, Vs District Collector — Mining and Natural Resources | Kerala HC (2024)

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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 C. JAYACHANDRAN

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TUESDAY, THE 11^TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

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WP(C) NO. 16729 OF 2024

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PETITIONER:

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PREMA T, AGED 45 YEARS

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S/O. SUBRAMANIAN,MATHUPULLY, ADAKKEKARA, CHAZHIYATTIRI, THIRUMITTACODE II, PATTAMBI, PALAKKAD, (MEMBER WARD NO 15, THIRUMITTACODE GRAMA PANCHAYAT, PALAKKAD, PIN - 679353

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BY ADV K.JANARDHANA SHENOY

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RESPONDENTS:

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1 DISTRICT COLLECTOR, PALAKKAD DISTRICT, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA, PIN - 678013

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2 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, MUNICIPAL SHOPPING COMPLEX, T.B.ROAD, PALAKKAD, PIN - 678014

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3 THIRUMITTACODE GRAMA PANCHAYAT, CHATHANNOOR P O, PALAKKAD,REPRESENTED BY ITS SECRETARY, PIN - 679535

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4 M/S. ORIENTAL ROCK PRODUCTS PVT. LTD, 12/243, OLD TREASURY BUILDING, P.O. JUNCTION, MUVATTUPUZHA, ERNAKULAM,REPRESENTED BY ITS MANAGING DIRECTOR, SAJEEV MATHEW, PIN - 686661

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BY ADV LIJI J VADAKKEDOM (STANDING COUNSEL) ADV AJITH VISWANATHAN (GOVERNMENT PLEADER)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 16729 of 2024

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..2..

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J U D G M E N T

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Dated this the 11^th day of June, 2024

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Petitioner preferred Ext.P2 representation before the 1^st respondent/District Collector alleging that the quarrying permit issued to the 4^th respondent is illegal, for the reason that the activities are being conducted in a land which is exempted under the Kerala Land Reforms Act. The short grievance of the petitioner is that, the same has not been considered by the 1^st respondent. All what the petitioner seeks is a direction to consider the same within a time frame to be fixed by this Court.

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2. Having heard the learned counsel for the petitioner, the learned Government Pleader on behalf of respondents 1 & 2 and the learned

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W.P.(C).No. 16729 of 2024

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..3..

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Standing Counsel for the 3^rd respondent/Panchayat, this Court directs that the 1^st respondent/District Collector to consider and pass orders in Ext.P2 as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, 4^th respondent, as also, any other party, who is likely to be affected by the order. Needless to say that, Ext.P3 decision will be given the weightage it deserves, as per law, while taking a call in Ext.P2 application.

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The Writ Petition (Civil) is disposed of as above.

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Sd/C. JAYACHANDRAN JUDGE

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W.P.(C).No. 16729 of 2024

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..4..

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APPENDIX OF WP(C) 16729/2024

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PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MINING LEASED OBTAINED BY THE 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.03.2024 Exhibit P3 A TRUE COPY OF DECISION OF THE PANCHAYATH COMMITTEE DATED 04/03/2024

Prema T, v. District Collector

Case brief

What is this about?

What did the court decide?

Prema T, v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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