IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 2ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943
WP(C) NO. 11695 OF 2021
PETITIONERS:
1 M/S SUPER SAND,
TP 2/548-B, KORANGAD PO, THAMARASSERY VIA, KOZHIKODE
676573, REP. BY ITS PROPRIETOR, HARIS C., S/O ABDU RAHMAN,
AGED 35 YEARS, R/A CHEEPILANGODE HOUSE, VELIMANNA PO,
KOZHIKODE - 673573.
2 NAFEESA MP., W/O ABOOBACKER, AGED 60 YEARS, VELUTHEDATH
HOUSE, MYDAPURAM, THEKKUMTHOTTAM, UNNIKULAM, KOZHIKODE
673574.
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS:
1 THE VILLAGE OFFICER
KEDAVOOR VILLAGE OFFICE, THAMARASSERY THALUK, KOZHIKODE
DIST. - 673615.
2 THE TAHSILDHAR, THAMARASSERY TALUK, KOZHIKODE DIST. -
673574.
3 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE OFFICE,
KOZHIKODE DISTRICT - 673020.
4 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,
KOZHIKODE DISTRICT - 673020.
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.11695 of 2021
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Dated this the 2nd day of June, 2021
JUDGMENT
The application submitted by the petitioners for issuance of possession certificate, for the purpose of renewal of D&O licence, is not being considered by the second respondent stating that the unit is situtated in an exempted land under the Kerala Land Reforms Act, contends the petitioners. All that the petitioners seek for is a consideration of the application on merits.
2. This Court has consistently taken the view that there is no prohibition in operating a crusher unit on a land exempted from ceiling area under the Land Reforms Act(WPC Nos.19817/2020 & 18360/2019). W. P. (C) No.11695 of 2021 -: 2 :-
3. In view of the above, there will be a direction to the second respondent to consider the application submitted by the petitioner seeking issuance of possession certificate, and pass appropriate orders thereon without raising objection on the ground that it is an exempted land.
The writ petition is disposed of as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge WP(C) No. 11695/21 APPENDIX PETITIONER'S EXTS:-
EXT.P1 TRUE COPY OF THE TAX RECEIPT DT. 11.06.20 ISSUED BY THE 1ST RESPONDENT.
EXT.P2 TRUE COPY OF THE LAST D&O LICENCE DATED 7.5.19 ISSUED BY THE THAMARASSERY GRAMA PANCHAYATH TO THE FIRST PETITIONER.
EXT.P3 TRUE COPY OF THE RELEVANT PAGES OF CONSENT TO OPERATE DT. 8.8.16 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE FIRST PETITIONER. EXT.P4 TRUE COPY OF THE MINERAL TRANSIT PASS VALID UP TO 4.11.23 ISSUED BY THE 4TH RESPONDENT TO THE FIRST PETITIONER.
EXT.P5 TRUE COPY OF THE DEALER'S LICENSE DATED 25.10.17 ISSUED BY THE 4TH RESPONDENT TO THE FIRST PETITIONER.
EXT.P6 TRUE COPY OF THE DEALIER'S LICENSE DATED 5.11.18 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER. EXT.P7 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 01.06.16 ISSUED BY THE FIRE AND RESCUE SERVICES, KOZHIKODE TO THE FIRST PETITIONER. EXT.P8 TRUE COPY OF THE APPLICATION FOR POSSESSION CERTIFICATE DT. 2.11.20 SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF THE POSSESSION CERTIFICATE DT. 9.10.17 ISSUED BY THE FIRST RESPONDENT. EXT.P10 TRUE COPY OF TH EPOSSESSION CERTIFICATE DT. 8.4.19 ISSUED BY THE FIRST RESPONDENT. EXT.P11 TRUE COPY OF THE JUDGMENT DT. 22.12.20 IN WPC 19817/20 OF THIS HONOURABLE COURT.
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