Javed Hussain vs The Village Officer

Citation : 2022 Latest Caselaw 6073 Ker
Judgement Date : 1 June, 2022

Kerala High Court
Javed Hussain vs The Village Officer on 1 June, 2022
            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                     WP(C) NO. 12287 OF 2022
PETITIONER:

            JAVED HUSSAIN,
            AGED 46 YEARS,
            S/O.MAMMU, POOZHITHARA HOUSE, CHARIMOOCHIKKAL
            P.O., KUTTIPALA, EDARIKKOD, MALAPPURAM - 676 501.

            BY ADV N.SASI



RESPONDENTS:

    1       THE VILLAGE OFFICER,
            KAKKAD VILLAGE, KARASSERY P.O., MUKKAM,
            KOZHIKODE - 673 602.

    2       GEOLOGIST,
            THE MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE,
            KOZHIKODE, PIN - 673 020.

    3       RELIANCE BP MOBILITY LIMITED,
            CORPORATE OFFICE, RELIANCE CORPORATE PARK, 5C,
            SECOND FLOOR, THANE BELAPUR ROAD, GHANSOLI, NAVI
            MUMBAI - 400 071 REPRESENTED BY STATE HEAD.



            SMT.SURYA BINOY B SR.GOVERNMENT PLEADER




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12287 OF 2022            2




                          JUDGMENT

Dated this the 1st day of June, 2022 The petitioner approached this Court aggrieved by Ext.P6 communication of the Village Officer addressed to the Senior Geologist, which created hurdles to the petitioner to obtain NOC from the 2nd respondent for removal of soil.

2. When the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the Village Officer has recalled Ext.P6 and the petitioner has been issued with necessary NOC for removal of the soil. In view of the subsequent developments, no further orders are required in the writ petition.

The writ petition is, therefore, closed recording the above submission.

Sd/-

N. NAGARESH, JUDGE DSV/03.06.2022 WP(C) NO. 12287 OF 2022 3 APPENDIX OF WP(C) 12287/2022 PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES DATED 31/1/2022.

Exhibit P2 TRUE COPY OF THE LETTER OF INTENT FOR APPOINTMENT OF DEALER FOR RELIANCE BP MOBILITY LTD'S (RELIANCE BP'S) RETAIL OUTLET AS A 'DEALER OWNED DEALER OPERATED (DODO) OUTLET" DATED 10/02/2022. Exhibit P3 TRUE COPY OF THE LOCATION CERTIFICATE/PLAN NO.73/22 DATED 19/02/2022 ISSUED BY THE VILLAGE OFFICER, KAKKAD.

Exhibit P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 07/03/2022 ISSUED BY THE KANASSERY GRAMA PANCHAYATH, KOZHIKODE. Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE NO.111/22 ISSUED BY THE VILLAGE OFFICER, KAKKAD DATED 08/03/2022.

Exhibit P6 TRUE COPY OF THE LETTER NO.58/22 DATED 08/03/2022 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER NO.DOZ/M572/22 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 22/03/2022.

RESPONDENTS' EXHIBITS:    NIL