Super Sand vs The Village Officer
2021 Latest Caselaw 12691 Ker

                 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.
         ==================
              W. P. (C) No.11695 of 2021
         ==================
          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

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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