Disposed

Lillikutty, v. State of Kerala

Kerala HC24 Jul 2024WP(C)/8723/2021

Case brief

AI extract

What is this about?

In this Writ Petition, the Court granted liberty to the petitioner to apply for a No Objection Certificate from the Revenue Divisional Officer to dig a pond for agricultural purposes, instructing the officer to consider the application positively within one month.

What did the court decide?

Liberty granted to apply for N.O.C. from Revenue Divisional Officer for digging pond for agricultural purpose; Divisional Officer to decide within one month.

Lillikutty, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946

¶4

WP(C) NO. 8723 OF 2021

¶5

PETITIONER:

¶6

LILLIKUTTY,
AGED 63 YEARS
W/O. DEVASIA, KOLLAMPARAMPIL HOUSE,
AANAVILASAM VILLAGE, IDUKKI DISTRICT,PIN-685 535

¶7

BY ADVS.
A.C.DEVASIA
SMT.ANCY MATHEW
SRI.MATHEW DEVASSI

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA

¶10

REP BY SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

¶11

2 THE TAHSILDAR, UDUMBANCHOLA, IDUKKI DISTRICT, PIN-685 554

¶12

3 THE VILLAGE OFFICER, AANAVILASAM, IDUKKI DISTRICT, PIN-685 535

¶13

4 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, OFFICE AT MINI CIVIL STATION, THODUPUZHA, PIN-685 584

¶14

BY ADV.

¶15

SMT VIDYA KURIAKOSE – GOVERNMENT PLEADER

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶17

¶18

W.P.(C) NO.8723 OF 2021

¶19

JUDGMENT

¶20

The petitioner submitted an application before the 4^th respondent seeking for permission to dig a pond in her property for agricultural purpose. The 4^th respondent gave Ext.P3 reply stating that no permission from the Mining and Geology Department is required for the purpose of digging a pond for agricultural purpose and directed the petitioner to approach the Revenue Authorities. Accordingly, the petitioner approached the 3^rd respondent seeking permission. The 3^rd respondent thereafter issued Ext.P4 stop memo directing the petitioner not to dig pond in her property without obtaining the permit from the authorities.

¶21

I have heard Sri. A. C. Devasia, the learned counsel for the petitioner and Smt. Vidya Kuriakose, the learned Government Pleader for the respondents.

¶22

Rule 104 of the Kerala Minor Mineral Concession Rules, 2015 deals with the power of the State Government to grant special permission to extract and remove minor

¶23

¶24

W.P.(C) NO.8723 OF 2021

¶25

minerals in special circumstances. It says that, any person who wants to extract and remove minor mineral for any legitimate purpose has to submit an application along with the No Objection Certificate issued by Revenue Divisional Officer to the State Government for its extraction and transportation. If the State Government is of the opinion that the extraction and transportation of minerals is inevitable, it may for reasons to be recorded in writing, issue an order in writing granting permission with such terms and conditions as it deems fit.

¶26

The petitioner wants to dig a pond for her agricultural purpose. According to her, she is cultivating various agricultural crops in her property. Digging a pond for the agricultural purpose is, no doubt, a legitimate purpose, if it is genuine. Hence, this Writ Petition is disposed of granting liberty to the petitioner to apply for No Objection Certificate before the concerned Revenue Divisional Officer. The Revenue Divisional Officer shall consider the said

¶27

¶28

W.P.(C) NO.8723 OF 2021

¶29

application positively taking note of the fact that the petitioner wants to dig a pond for her agricultural purpose. The Revenue Divisional Officer shall take a decision within one month from the date of receipt of the application from the petitioner. Thereafter, the petitioner shall apply to the State Government for necessary permission along with No Objection Certificate, if any, issued by the Revenue Divisional Officer. The State Government shall consider and pass appropriate orders on such application.

¶30

The Writ Petition is disposed of as above.

¶31

Sd/-

¶32

DR. KAUSER EDAPPAGATH JUDGE

¶33

¶34

¶35

W.P.(C) NO.8723 OF 2021

¶36

APPENDIX OF WP(C) 8723/2021

¶37

PETITIONER’S EXHIBITS
EXHIBIT P1TRUE COPY OF THE TITLE DEED NO.3245/92
IN FAVOUR OF THE PETITIONER DATED
20.11.1992.
EXHIBIT P2TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE REGISTERING
OFFICER TAHSILDAR IN FAVOUR OF THE
PETITIONER DATED 13.2.2020.
EXHIBIT P3TRUE COPY OF THE ORDER ISSUED BY THE
GEOLOGIST DATED 11.11.2019.
EXHIBIT P4TRUE COPY OF THE STOP MEMO DATED
12.3.2021 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5TRUE COPY OF THE LOCATION SKETCH DATED
29.7.2020 AND POSSESSION CERTIFICATE
DATED 29.7.2020 ISSUED BY THE 3RD
RESPONDENT IN FAVOUR OF PETITIONER.
EXHIBIT P6TRUE COPY OF THE REPORT SUBMITTED BY THE
3RD RESPONDENT TO THE 2ND RESPONDENT
DATED 15.3.2021.
EXHIBIT P7TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 17.3.2021.
EXHIBIT P8TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 20.11.2019.

¶38

RESPONDENTS’ ANNEXURES
Annexure R4(a)TRUE COPY OF THE LETTER NO.
DOI/1096/M/19 DATED 11-11-2019

Lillikutty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lillikutty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M. Radhakrishnan Vs the Land Revenue Commissioner

Pradeep Kumar E.N. Vs the District Collector

Balan Vs State of Kerala Represented by Secretary

K.a.Ratheesh, Vs Central Bureau of Investigation

R. Chandrasekharan, Vs Central Bureau of Investigation

T. Lathika Vs the District Collector