Balaji Gain Properties vs The Director
2021 Latest Caselaw 193 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.113 OF 2021(L)


PETITIONER:

               BALAJI GAIN PROPERTIES,
               REPRESENTED BY ITS PARTNER SHAJI M.K,
               S/O. KUNJUPANIKKAN, AGED 55 YEARS, MADACKAL HOUSE,
               S.H. MOUNT P.O, KOTTAYAM - 686 006.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE DIRECTOR, MINING AND GEOLOGY,
               OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
               PATTAM, THIRUVANANTHAPURAM - 695 001.

      2        THE DISTRICT GEOLOGIST,
               DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE,
               KOTTAYAM DISTRICT - 686 002.

      3        THE REVENUE DIVISIONAL OFFICER,
               KOTTAYAM , KOTTAYAM DISTRICT-686 001.

      4        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.

               BY ADV. SRI.MANURAJ K J, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.113 OF 2021(L)

                               -2-

                          JUDGMENT

Dated this the 5th day of January 2021

The petitioner, Balaji Gain Properties,

approached the Revenue Divisional Officer for

issuance of No Objection Certificate vide Ext.P1.

2. The petitioner claims that they are having

an extent of 121.2 Ares of land comprised in Sy.Nos.

302/12, 302/12-1 and 302/12-2 of Perumbaikadu

Village, Kottayam Taluk, Kottayam District. They

want to develop the land as an aqua farm. The

petitioner approached RDO invoking Rule 104 of the

Kerala Minor Mineral Concession Rules, 2015.

3. Having considered the facts and

circumstances, it is appropriate to direct Revenue

Divisional Officer to take a decision in the matter, WP(C).No.113 OF 2021(L)

after adverting to the nature of the proposed activity

and also adverting to the Rules as above. Needful

shall be done, within a period of six weeks, after

hearing the petitioner.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv WP(C).No.113 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 20.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SITE SERVICE PLAN OF THE PROPERTY IN WHERE THE PETITIONER IN TENDED TO DIG THE POND.

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE FISHERIES DEPUTY DIRECTOR, KOTTAYAM DATED 07.03.2020 TO HE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE KOTTAYAM MUNICIPAL CORPORATION DATED 25.09.2020 AND VALID UP TO 24.09.2025.

EXHIBIT P5 TRUE COPY OF THE G.O. (P) NO. 16/2020/ID DATED 12/06/2020.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE