A.R.Basheer vs The Geologist
2021 Latest Caselaw 8561 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.4279 OF 2021(H)


PETITIONER:

               A.R.BASHEER
               AGED 64 YEARS
               SON OF ALIYAR RAWTHER, V.S. VILLA, THAZHATHU VADAKKU,
               PATTAZHI, KOTTARAKKARA, KOLLAM 691 522

               BY ADVS.
               SRI.B.ASHOK SHENOY
               SRI.P.S.GIREESH
               SRI.RIYAL DEVASSY

RESPONDENTS:

      1        THE GEOLOGIST
               DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
               KESAVANIKETHAN, ASRAMAM, KOLLAM 691 002.

      2        THE DISTRICT COLLECTOR
               CIVIL STATION, KOLLAM 691013.

               BY GOVERNMENT PLEADER:SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C).No.4279 OF 2021(H)



                               JUDGMENT

The application submitted by the petitioner for grant of permit /

licence for conducting quarrying operations in an extent of 0.7122

hectares of land out of the total extent of 1.25.30 hectares owned by

the petitioner, as early as on 03/08/2016, is yet to be ordered by the

1st respondent - Geologist, is the grievance projected.

2. That there were various intervening impediments which

resulted in the delay in disposing of the application in question, is

evident from the records. The learned counsel for the petitioner points

out that, by virtue of Ext.P8 communication dated 04/12/2020 issued

by the Assistant Forest Conservator, the issues have been given a

quietus.

Without expressing anything on merits, I dispose of the writ

petition directing the 1st respondent to consider and pass appropriate

orders on petitioner's application referred to supra, in accordance with

law, without delay and at any rate, within a period of one month from

the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.4279 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 28.6.2016 IN W.P.(C) NO.21344 OF 2016 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF LETTER NO.L.12-48866/16(1) DATED 3.8.2016 ISSUED BY 2ND RESPONDENT TO 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 19.1.2017 IN W.P.(C) NO.514 OF 2017 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF POSSESSION AND NON-ATTACHMENT CERTIFICATE NO.A4-2415/18/K.DIS DATED 9.7.2018 ISSUED BY TAHSILDAR, KOTTARAKARA TO PETITIONER

EXHIBIT P5 TRUE COPY OF SURVEY MAP DATED 2.8.2018 IN RESPECT OF SURVEY NO.370/15, 370/16 AND 375/14 OF MYLOM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT ISSUED BY TAHSILDAR, KOTTARAKARA.

EXHIBIT P6 TRUE COPY OF DEMARCATION CERTIFICATE NO.170/18 DATED 2.8.2018 ISSUED BY VILLAGE OFFICER, MYLOM VILLAGE OFFICE, TO PETITIONER.

EXHIBIT P7 TRUE COPY OF NON-ASSIGNMENT CERTIFICATE NO.173/18 DATED 4.8.2018 ISSUED BY VILLAGE OFFICER, MYLOM VILLAGE OFFICE TO PETITIONER.

EXHIBIT P8 TRUE COPY OF LETTER NO.SA3-1886/2020 DATED 4.12.2020 ISSUED BY ASSISTANT FOREST CONSERVATOR, KOLLAM TO 2ND RESPONDENT.