Karunakaran vs The Secretary To The Government
2021 Latest Caselaw 12917 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
         MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                           WP(C) NO. 11842 OF 2021
PETITIONER:

              KARUNAKARAN
              AGED 75 YEARS
              S/O. BALAKRISHNAN NAIR,
              KANGADIYIL HOUSE,
              KARTHALA, MALAPPURAM DISTRICT.

              BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENTS:

     1        THE SECRETARY TO THE GOVERNMENT
              INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

     2        THE DIRECTOR OF MINING AND GEOLOGY
              DIRECTORATE OF MINING AND GEOLOGY.
              KESADAVASAPURAM, PATTAM PALACE P.O.,
              THIRUVANANTHAPURAM-695 004.

     3        THE SENIOR GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND
              GEOLOGY, MINI CIVIL STATION,
              CHEMBUKAVU, THRISSUR-20.

     4        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              THRISSUR-680 003.

     5        THE VILLAGE OFFICER
              DEASAMANGALAM VILLAGE, PALLUR GROUP,
              DESAMANGALAM P.O., THRISSUR-679 532.

              R1-R4 BY BY SHRI.PAUL ABRAHAM VAKKANAL
              R5 BY ADV SAJEEV KUMAR K.GOPAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11842 OF 2021
                                    2



                           JUDGMENT

Dated this the 14th day of June 2021

The writ petition has been filed praying for a direction to consider

and pass orders on Exts.P10 and P11 requests submitted by the

petitioner in the light of Ext.P9 certificate issued by the Revenue

Divisional Officer regarding permission to extract and remove minor

minerals for the purpose of construction of a pond in the property of

the petitioner. Ext.P9 has been issued by the Revenue Divisional

Officer to the Senior Geologist whereby permission has been granted

for digging of a pond. In the light of the above permission, the writ

petition is disposed of directing respondent Nos. 1 and 2 to consider

and pass orders on Exts.P10 and P11 respectively taking into

consideration Ext.P9 permission within a period of one month from the

date of receipt of certified copy of this judgment.

Sd/-

T.R.RAVI JUDGE

sn WP(C) NO. 11842 OF 2021

APPENDIX OF WP(C) 11842/2021 PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 6.10.2020.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 5TH RESPONDENT WITH RESPECT TO THE PROPERTY IN SY.NO.326/P-6 DATED 6.2.2021.

EXHIBIT P3 TRUE COPY OF THE DEMARCATION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 5.8.2019.

EXHIBIT P4 TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 2.8.2019

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 5.8.2019 ISSUED BY THE 5TH RESPONDENT POINTING OUT THAT THE PROPERTY DOES NOT INCLUDE EFL.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 4.09.2019 OF THE AGRICULTURAL OFICER, KRISHI BHAVAN, DESAMANGALAM.

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, DESAMANGALAM DATED 27.07.2019.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 21.08.2020 VIDE NO.1904/C2/TDO/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.B3-524/2021 DATED 26.02.2021 OF THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 8.3.2021.

EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 25.3.2021.

RESPONDENT'S EXHIBITS : NIL


                  //TRUE COPY//                       PA TO JUDGE